Q: JOD is entered and filed but the order dictating the terms of custody and visitation is not yet filed and entered.
The current attorney that I have is not filing the court order that would make it enforceable. Ex’s attorney won’t file because the order is against his client. Would it constitue a malpractice on my attorney’s part. How to go about getting the order and filing
A: David’s Answer: I’m confused as to why the terms of custody were not part of the Judgment of Divorce – usually they aren’t separate orders. That said, whether something constitutes malpractice depends on whether your current retainer covers post-judgment applications (usually they do not) & in what manner you were prejudiced by your attorney’s alleged inaction (which would presumably be minimal if anything given you can simply hire another attorney to submit what’s needed). Call a NYC Family Law attorney to schedule a consult for more info