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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23978
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My son is represented by an attorney in a divorce action. He

Customer Question

My son is represented by an attorney in a divorce action. He stupidly was coerced into filing a dismissal without his attorney. Can this be set aside?
Submitted: 7 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 7 months ago.
Who coerced him into this? How was his attorney not aware or advised?
Customer: replied 7 months ago.
His soon to be ex wife put him on a big guilt trip about the kids. He doesn't know why he didn't call his attorney she had him so upset.
Expert:  FamilyAnswer replied 7 months ago.
His attorney can try and vacate this if it was just done. The decision to dismiss it is up to him BUT his attorney can argued he was coerced and never consulted with counsel who was representing him and was on record and the motion did not come from the attorney. Hopefully the judge will see what his ex did but if not he will have to refile.
Expert:  FamilyAnswer replied 7 months ago.
I just wanted to follow up and see if there was anything else I can answer or clarify
Customer: replied 7 months ago.
We were hoping there would be some other reason as being coerced as he is going for full custody of the kids and doesn't want the judge to think anything.
Expert:  FamilyAnswer replied 7 months ago.
What do you think the judge will think?
Customer: replied 7 months ago.
We are trying not to let the judge have the opinion he is unstable or anything of that nature.
Expert:  FamilyAnswer replied 7 months ago.
No reason for the judge to think that. It would only be if there was evidence to show and support this. Custody is always decided on the best interest of the children so as long as he can show that, the judge should consider it
Expert:  FamilyAnswer replied 7 months ago.
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