Ex's Attorney has Parenting plan signed by the judge,help!!

[sad stepmother]

My husband's ex's attorney pulled a fast one on us last week by taking a permanent parenting plan to the judge and having him sign it.  Making it legal and enforceable.  Problem is that my husband rejected the Parenting plan because it gave BM sole custody of SS when they actually have joint legal custody, and the plan denies him summer access to his son. We want to fight this parenting plan but we are unsure of the type of motion to file to have the issue of the parenting plan heard in front of the judge again.

Any suggestions? We cannot afford an attorney and have to go at this ourselves.  

[Stepmomnow]

Had your DH signed it?  How did she get in front of a judge with an unsigned plan and have it signed by the judge without notifying you?  Sounds to me as if you need a lawyer.

[sad stepmother]

No, my husband didn't sign the plan.  We have had an acting judge since the origional judge on the case retired (welcome to the acting judge of the week club)and when ex's attorney approached the judge our guess is that she tols the judge that the plan was agreed upon by both parties and we noticed that she backdated the plan to the last hearing date and the parenting plan wasn't presented to DH until after the date.  We need an attorney but can't afford one for at least a year and legal aid isn't taking family court cases.

[Lawmoe]

It seems very odd that a Judge wouuld approve a parenting plan that was not signed by both parties.  Rregardless, you must file a Motion to reopen the issue. Generally, there are very short timelines to do so.  Your motion should be supported by an affidavit stating specifically what you disagree with in the parenting plan and how it was procedural entered without your agreement.

[Louisiana]

if you need help  writing the motion contact //www.force-la.com.  He's not an attorney, but Scott Frank has helped us learn to represent ourselves.  He's no english major, but does know the laws and has forms.

[smtotwo]

when we called he lawyer on it, and wrote a letter to the judge citing caselaw, he attorney quit and let her next attorney handle it.

It took us almost 4 months to get the motion vacated, cost us all court costs, and while we did get the motion vacated, there were no consequences for the ex or for the attorney who filed the false stipulation.

As long as they can get away with this kind of thing without gettingin trouble for it, the ex's continue to do it.

But on the UPSIDE, we did this WITHOUT an attorney and her attorney took all the paperwork we handed him at court, and layed it face down on his table . He never read it, but this was the FIRST thing the judge dealt with and when he vacated the order the ex and lawyer never knew what hit them.

ONE OF OUR BETTER DAYS IN COURT!!