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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26377
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Need help with custody suite and proceedings State of

Customer Question

Need help with custody suite and proceedings for the State of Florida.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Would you mind sharing with me what your question is?

Expert:  FamilyAnswer replied 1 year ago.

I am going to step away for a minute, since I have not heard back from you but once you respond, I can help. Thank you

Customer: replied 1 year ago.
i have a problem with mediation from yesterday I was forced to sign papers against my will. what can I do because this was just mediation and not court
Customer: replied 1 year ago.
Waiting your reply.
Expert:  FamilyAnswer replied 1 year ago.

How were you forced?

Customer: replied 1 year ago.
my original mediation thru court was canceled due to a situation at the high school. when it was rescheduled the plaintiffs lawyer scheduled it outside of court with private mediation and I objected to this. my lawyer would not put it back into the county court. I was forced to go to mediation with this third party in lieu of being with the county court, Now I had to attend mediation with the third party yesterday and here is what happened.After coming into the room at the beginning attacked me we then had to go to separate rooms. After plantiff and his lawyer went to other room. The mediator came back into the room. They both said thats how she is. I expressed that I want supervised visits. That the plantiff is a complete stranger. By his own choice.That I wanted what was in the best interest for my daughter And to protect my daughter. The mediator then said something innapropriate to me. That I should of stopped or done it five minutes before conceiving my daughter.Both the mediator and my lawyer said I had to give visitation. I feel as if though I was coerced into signing these papers. I do not agree with this. This is beig file today by my lawyer and I have asked her not to do this what if she does
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. If you were forced into this you want to advise your attorney in writing and tell him to reframe from filing it and contacting the other attorney about what happened. In mediation, you are not forced or required to agree to anything. If you can not agree then the judge will decide. In this case, if your attorney does proceed over your objection you will want to fire him and retain new counsel and have them step in and address this with the court and advise as to what happened and ask the judge to have the agreement vacated and that you be sent back to mediation.

Customer: replied 1 year ago.
I understand what you said I have emailed my lawyer yesterday and to my lawyer not file. how complicated is it to get it vacated.
can my lawyer not submit mediation even though it was signed by the two of us. it was very one sided to the plantiff. That if my lawyer does not turn it in what can the plantiffs lawyer do. that my laywer was tasked to file it it with the county court today because the plantiffs lawyer and mediator were busy today.
Expert:  FamilyAnswer replied 1 year ago.

The other attorney can compel him to do so. The burden shifts to you to show that this was forced and how tie attorney failed to represent you. That is why it can get so complicated because you were represented by counsel and now the same counsel is not proceeding

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
Sorry for the delay in reply, I lost the message/question wrote and had to re write do you think the judge may precieve this if there is no burden to prove, that the mediation was not recorded or had transcript and my lawyer files this when I sent my lawyer an email to not file, prior to filing.It would be a case of one word against another. Other that all of my request to do the opposite of what the outcome was and my email not to file the agreement after the fact stating this.I have several email over a period of time leading right up to the hearing stating my intentions and requesting my lawyer to defend me as aggressively as possible and not to entertain the plaintiff's or his lawyer in these regards ***** ***** would only grant, if forced to supervised visitation 2x a month. Stating that I did not want to grant anything to a total stranger.I had to sign the agreement as outlined for the following:meetings 2 times a week at a local park, for 3 week. That I must stay a distance away. Where if my daughter ran to me I must soothe her and send her back to the fatherThen for the following 3 week the father shall visit my daughter a her daycare, 2x a week, with me at a distance and soother her if she ran away and send her back to the said father. That I must grant this so the day care center allows this, when they said the would not without a court orderAfter these 6 weeks, the father should go to the day care center without the mother present. and take the minor child for a whole day time sharing without the mother present on Sundays to 10 to 5.also the father will spend one overnight with minor child per week.If they can not agree to a a full parenting plan they shall return to mediation to develop a revised a temperary plan or full plan.And to have access to the day care with written permission fro the mother to access child at day care.-----------------------The only reason it was signed, was because I was told that I had to (had to) by my attorney and the mediator said I must sign this outlined agreement and grant visitation. I did not know at that time what I know now about mediation or I would not have signed this one sided agreement and totally against all of my documented direction.Here is email stating to not do the following:I'm hear reading this temporary mediation . I am not happy with the outcome of today I do not want the papers filed I want to go to court for an emergency hearing.The lawyer's reply:Call me in the morning. I'm spent.In closing, do you think this would satisfy burden and would the above confirm this more than likely took place/happen as I stated for such oppsite instructions to my lawyer and show that there is merit to what I am saying?
Expert:  FamilyAnswer replied 1 year ago.

That is what your argument is going to have to be. That you were not informed by your attorney that it was at your discretion to sign and that your attorney told you that you had to sign. Essentially, there counsel was ineffective and did not properly represent you and you did not want to agree to the conditions imposed and want the Judge to decide.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!