My sons mother and I are in disagreement in regards to parenting and custody issues, our son is 10 now. I went to the county clerks office to get copies of the original orders of custody and child support and to the clerks surprise and mine there was no original record of the orders of support or custody. I spoke to the FOC agent and they could not find any of the items in their records neither and stated that all of their records come from the clerks office, I again went back to the clerk still found nothing and called the FOC again and spoke to another agent and still nothing. I went home to look in my files and found a judgment of support signed by the county prosecutor (which I signed in her office and she gave me a copy) but not a copy signed by the judge. What do I do?
I somewhat disagree with some of the prior advice that you should return to the prosecutor. It really depends on the facts of your case. The order that you obtained with the assistance of the prosecutor likely provided the mother with physical custody. If you have exercised a lot more parenting time in recent years, you may benefit from filing a new petition, as if there was no former agreement. You really need to talk to an attorney and determine what is most beneficial.
Hi, I would go back to the county prosecutor to find out why it was not formally entered with the court and if that fails talk to an attorney. Good luck to you.
Henry Gornbein
This sounds like an error on the part of the attorneys or the court clerk. There are several possible approaches to fixing this (minor) problem. You could sign a stipulation along with the mother and submit it. You could also just file a motion to enter the order and point out the problem to the court. When you don't know what to do in a court case, it usually works best to have the help of an attorney that practices in that area. If I were asked to fix this problem, I would want to look at the rest of the court file to determine the history of parenting time / custody litigation. This might suggest a best way to handle the problem. One way or another, this seems like a small issue but I would still get some help.
I'm agreeing with prior advice. I'd talk to the mom and try to get her help on this. It's called a stipulated order, you may be able to get a form for this at a Legal Assistance center. If she won't agree with you, or you're not able to get the prosecutor to assist as mentioned in other advice, then you may need an attorney's help.
I don't see how you will get the mother's assistance since the two of you don't agree, but you should certainly look to the Prosecutor to assist in the entry of the Order; and barring that, file your own motion for entry. You should be prepared with the history of your and the mother's actions since the date you originally thought the Order was entered. Good luck.
