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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I signed an Agreed Order, and it states that I live in Ohio,

Customer Question

I signed an Agreed Order, and it states that I live in Ohio, which I do not, and it also repeats a paragraph twice in the order. It was notorized, and then he had it signed by a judge and his lawyer. Is there any way this paper is legal? He has full custody now, and it also states how we are supposed to get weeks on and off. Originally, he had another agreement that he gave me weeks to look over, this last paper was marked the same day as the other paper, but he took me for a ride in his car while I was reading it, and it felt very rushed and I was feeling emotional and down at the time and didn't really want to sign it, he just came to the house without anyone telling me, and he didn't tell me either. I don't know what to do because that agreed order I signed is not what him and I had discussed for weeks. We had talked about joint custody. He switched the agreed order we had talked about on me at the last moment. What do I do to get my daughter back? She even said over the phone that she wants to live with mommy.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I would like to know the process of how to get my daughter back, I had full custody of her and then I went into Turning Point at Saint Mary's and when I was discharged, and I signed myself in, my ex told me he obtained full custody by the Agreed Order we signed. I told him I never was served any papers, nor was aware that had happened. I was at my step-mother's house and needed some time to rest and Bethany was being watched by my step-mom. I had given her Russ's number (the biological father and we have never been married) and she called him the day he made me sign the paperwork. It wasn't the paperwork we originally had agreed and talked about for months while I was in Ohio, and it was hard to read in the car and I was emotional the whole time and it was a shock that he came when he did because no one alerted me. The Agreed Order also has many grammatical errors, repeated paragraphs twice, and it states that I live in Ohio, which I do not, so how is this order valid? We never had a second custody battle and I had no representation regarding the issue. I don't think a car ride, while I'm emotional and shocked, is valid for me being rushed to a bank to sign an agreed order that didn't make sense to me.
Customer: replied 1 year ago.
He also never paid any of the medical bills that the original order states he is responsible for those fees. My state check was garnished for those medical bills. Also, he got movies on a laptop that he did not purchase, which is a federal offense.
Customer: replied 1 year ago.
He lives across the street from his mother, and when DHS came out to her house, the reported it was unsanitary for the child to return the the premesis. He says he is having his next door neighbor watch Bethany all summer, when he stated in court at our original custody battle, that he would put her in the best daycare Little Rock offered.
Expert:  Chris T., JD replied 1 year ago.
Hello. I'll be happy to assist you.
There are two things you can do, although neither is a guarantee to work. First, you can file a motion to strike the agreed order you signed. You would do so on the grounds that you were deceived when you signed it. Thee the judge would look at the circumstances, what representations were made at the time you signed it and how that differed from what was originally proposed. The difficulty there is that parties are presumed to have read and understood a document before they signed it. Again, it all comes down to the circumstances.
Second, you can file a motion to modify the child custody order as it stands. Once an order is put into place, it is not necessarily permanent. As circumstances change, sometimes the custody order needs to be changed, too. There are a couple of issues here, too. First off, your custody order may specify a time period you must wait before filing some motion to modify. If it doesn't, you at least don't have that to deal with. Secondly, you need to show that the circumstances have changed so significantly since you signed the order that it is in the best interest of the child to now modify them. Depending on the age of the child (the older the better), that reason could be that the child wishes to live with the other parent, school issues, extended family contact, etc. You are obviously in a better position to know what those circumstances are than I am, but that's an option, as well.
I hope that answers you question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.