QUESTION
Is there a way to change the wording of a Judge's "findings of fact" in a family law case if both parties agree? Or another option?
Asked on Aug 02nd, 2015 on Family Law - Arizona
More details to this question:
I was involved in a Paternity Suit about a year ago. During this suit, the other party made several allegations about non-physical Domestic Violence. Nothing ever occurred in reality, but these allegations were made none the less and It was impossible to disprove. I also had a very poor attorney who arrived very unprepared to trial. Anyhow, the Judge's final order made several comments in her "findings of fact" that there was some DV and anger issues and the wording actually sounds worse than the actual allegations which were untrue to begin with. Anyhow, the other party has agreed that if possible the wording could be changed to be less negative. This is important to me because in my career I am subject to background investigations and such allegations, particularly with the way it is worded currently, are a hindrance. If it is not possible to change the wording, would there be another option to accomplish the same thing?
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If the other party agrees, you both could sign an agreement that clarifies what the facts should be. Depending on what the exact words of the order are or the exact testimony of the other party, there may be a concern by the other party that this stipulation will be used in the future to show he or she is not a truthful person. However, that could be addressed in the stipulation, if needed.
I'd suggest you have an attorney look at the wording of the court's findings. In any order involving legal decision making and parenting time, the court has to make findings about whether there was any domestic violence or, even if there was violence, it was not substantial.
Answered on Aug 03rd, 2015 at 5:02 PM