Originally Posted by KDodrill
I was divorced in 2013. My parent agreement was signed and filed July 2013. In this agreement my ex wanted to claim our child every year. My attorney did not agree and both parties agreed that was not going to happen. So that was crossed off and initialed by myself and my ex. At this time the judge stated that we can claim child every other year. It is recorded in the court docket. Judge ordered my attorney to write up final papers and for everyone to sign off.
Oct 2013 my divorce was final and signed by both parties and the attorney's and the judge. However that clause from the judge was never entered into my divorce decree. So with that who claims the child? We have joint custody however I am the custodial parent for ex has child every other weekend and three weeks a year.
I am confused for the decree was signed by the judge and attorney's and no one caught this.
this is legal issue.in general, It is imperative that your final decree is worded in a way that protects your legal interest! your divorce will not become "final" until you have signed your divorce agreement and a judge has stamped it with his seal of approval. Once that happens the court will mail you out a copy of your final decree of divorce. In most situations, the court clerk or your attorney will mail you a copy of your final decree. If this doesn’t happen or you need an extra copy you should write to or go to the court clerk’s office and request a copy. When the terms of your divorce are unjust, or circumstances have changed, you can petition to appeal or modify your divorce decree. If you want your divorce decree overturned, you will need to file an appeal. This is usually a drawn-out process because you are asking an appellate court to overturn a lower court's decision. Generally an appeal won't be considered unless there are exceptional and compelling circumstances, such as rulings that don't comply with the statutes. Usually there is a very short period of time in which to file your intent to appeal a decision. You should consult an attorney.