Can I back out of this?

[dipper]

All parties in VA.  Separated for one year.  Six year old child.  

About three months ago, my STBX handed me some papers in front of her coworker, demanding that I sign them.  She was very insulting and we argued.  later, she called and apologized telling me to take as long as needed.  (I did not want a divorce, she does.)

The very next morning she called around 8:30 a.m., telling me that she wanted the papers signed and back to her that day by 3:00.  If I didnt sign the papers, she was having her attorney file litigation against me and was going for more of my money, plus making me pay for her attorney fees.  I was scared and signed the papers.  I did not have an attorney as I could not afford one.  MY STBX went out openly with her boyfriend the next night.

There are things in the papers that I did not fully understand at the time.  I am ready to do what I have to do to retain a good attorney, but I dont know if there is anything he can do about what I have signed...he wants a big retainer before he will represent me as he has talked to me several times months ago.

My STBX got angry at me this week and withheld my daughter.  While my daughter usually gets off the bus at my business, my STBX went to school and picked her up and would not let me see her.  

As I felt pressured into signing the papers under threats of court and financial repurcussions, can I fight the legal standing of this document?


Should I send my STBX a certified letter expressing my contesting the validitiy of the document as well as my daughter being withheld from me?

[socrateaser]

>As I felt pressured into signing the papers under threats of
>court and financial repurcussions, can I fight the legal
>standing of this document?

If the agreement was already ordered and signed by a judge, then you have an uphill battle. You must prove that the order was signed due to fraud, mistake, illegality, or coercion.

The judge won't buy that you were bowled over by your ex, unless she was holding a real gun to your head. You're an adult (presumably) and you are competent to make your own decisions.

Absent some additional facts, such as you were diagnosed as suffering a serious mental illness at the time you entered into the agreement, you are wasting your time trying to set aside the judgement.

>Should I send my STBX a certified letter expressing my
>contesting the validitiy of the document as well as my
>daughter being withheld from me?

If you have a problem with your existing custody orders, then you should deal with that by way of enforcement or modification of the existing orders. Sending her a letter is a good way to document your attempts to cooperate as a parent and to show her lack of cooperation.

Beyond that, the letter is irrelevant, and I wouldn't send it to express your desire to contest the existing orders.

[4honor]

"Absent some additional facts, such as you were diagnosed as suffering a serious mental illness at the time you entered into the agreement, you are wasting your time trying to set aside the judgement."

Does dyslexia count?

[socrateaser]

>"Absent some additional facts, such as you were diagnosed as
>suffering a serious mental illness at the time you entered
>into the agreement, you are wasting your time trying to set
>aside the judgement."
>
>Does dyslexia count?

No.

[dipper]

No judge has signed the paper.  This was drawn up by her attorney and my signature/notarized is all that took place.

I did not finish high school.  I did after a couple of attempts, get my GED.  I make a good living, but this was over my head.  I simply could not afford an attorney at the time as I was paying all bills and trying to pay CS and daycare for my daughter.  

My ex is very smart and school driven.  I am not scholastic.

I only have EOW by the agreement, and my ex promised that I could see our daughter anytime that I wanted.  Since then she has cut back to the point I only see my daughter the EOW.  I work third shift on weekends as well.  I live three miles from my daughter, work one mile from her, I have our family home, stable job, family nearby.....I want more time with my child.

As no judge has signed this paper and ex has gone back on her verbal word, does this help my chances of starting over with the papers?


Would it help if my attorney files a motion to obtain more visitation, as no court action has been taken yet?

[socrateaser]

>As no judge has signed this paper and ex has gone back on her
>verbal word, does this help my chances of starting over with
>the papers?

No. You can't prove your ex has violated her word, and the signed agreement will supersede any verbal agreement if the judge enters the writting agreement.

>Would it help if my attorney files a motion to obtain more
>visitation, as no court action has been taken yet?

If your attorney files a motion for visitation, your ex will produce the signed agreement, and you will have to show why you shouldn't be bound to that agreement. Legally, a person must be pretty dim to not be held do an agreement. However, courts sometimes will refuse to enforce a custody agreement made without legal representation.

It really depends on the judge. I can't tell you what's likely to happen.

[socrateaser]

>As I felt pressured into signing the papers under threats of
>court and financial repurcussions, can I fight the legal
>standing of this document?

If the agreement was already ordered and signed by a judge, then you have an uphill battle. You must prove that the order was signed due to fraud, mistake, illegality, or coercion.

The judge won't buy that you were bowled over by your ex, unless she was holding a real gun to your head. You're an adult (presumably) and you are competent to make your own decisions.

Absent some additional facts, such as you were diagnosed as suffering a serious mental illness at the time you entered into the agreement, you are wasting your time trying to set aside the judgement.

>Should I send my STBX a certified letter expressing my
>contesting the validitiy of the document as well as my
>daughter being withheld from me?

If you have a problem with your existing custody orders, then you should deal with that by way of enforcement or modification of the existing orders. Sending her a letter is a good way to document your attempts to cooperate as a parent and to show her lack of cooperation.

Beyond that, the letter is irrelevant, and I wouldn't send it to express your desire to contest the existing orders.

[4honor]

"Absent some additional facts, such as you were diagnosed as suffering a serious mental illness at the time you entered into the agreement, you are wasting your time trying to set aside the judgement."

Does dyslexia count?

[socrateaser]

>"Absent some additional facts, such as you were diagnosed as
>suffering a serious mental illness at the time you entered
>into the agreement, you are wasting your time trying to set
>aside the judgement."
>
>Does dyslexia count?

No.

[dipper]

No judge has signed the paper.  This was drawn up by her attorney and my signature/notarized is all that took place.

I did not finish high school.  I did after a couple of attempts, get my GED.  I make a good living, but this was over my head.  I simply could not afford an attorney at the time as I was paying all bills and trying to pay CS and daycare for my daughter.  

My ex is very smart and school driven.  I am not scholastic.

I only have EOW by the agreement, and my ex promised that I could see our daughter anytime that I wanted.  Since then she has cut back to the point I only see my daughter the EOW.  I work third shift on weekends as well.  I live three miles from my daughter, work one mile from her, I have our family home, stable job, family nearby.....I want more time with my child.

As no judge has signed this paper and ex has gone back on her verbal word, does this help my chances of starting over with the papers?


Would it help if my attorney files a motion to obtain more visitation, as no court action has been taken yet?