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At a mediation can the mother as she is under the influence…

At a mediation can...

At a mediation can the mother as she is under the influence be able to sign the mediated settlement agreement and it be honored in a pre-trial

Lawyer's Assistant: What steps has the mother taken? Has she filed any papers in family court?

The have been involved with cps since 4/19/2017 she has still been using failed many drug test we are the grandparents and intervene on 3/19/2018 then cps asked to mediation was held on 4/2/2018 and we feel we were forced to sign MSA as she signed and agreed as the father of 1 child in this case there are 2 girls involved in this a 2 year old & 7 year old the father of 2 year old is involved with case to, but mother was about to lose her rights that’s why mediation was asked girls are in and have been in safety plan situation since 4/24/2017 at court yesterday they are letting both girls go the father The 7 year old has spent most of her life on and off for years with us The father is also on parole for drugs and few other things and they want to give her to him There have been many violations done by CPS in Smith County Tx since beginning we but a 34 page Affidavit filed in courts on how CPS has failed the children since 2015, 2016, 2017, and know in 2018 as both parents have a pattern of neglect and abuse to children and they keep giving the children back to one or another one through the years We felt the MSA we signed under Duress

Lawyer's Assistant: Family law varies by state. What state is she in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We as grandparents are representing ourselves as we are on a fixed income

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Answered in 5 minutes by:
4/13/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good morning. Any agreement which was signed and entered into, at mediation, should have been done so freely and voluntarily and with knowledge. If a party was under the influence of drugs or alcohol and it was known at the time, the mediation should have been rescheduled or if the person was forced into it and under duress, there is a legal basis to ask the Judge to void the agreement and either send the parties back to mediation or to proceed to trial, if an agreement can not be reached.

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Customer reply replied 4 months ago
Like I said Court was yesterday we were not asked anything as we stood in front of Judge for first time we represented our selves We did talke to mediator before court to see if we could have changes in he said he wou contact other parties which he did and they all disagree with us he also told us that all the attorney at mediation did not want us there or have the right to sign but he let us stay We wanted to take the girls in our care CPS would not have nothing to do with it Then mediator took us up stairs asked what we were wanting told us it was not going to happen then asked for Visits with girls which we have not seen in a year said he would talk with other lawyers and get back with us bout never did they just drew up paperwork and brought them to us told us to Sign and we get 2hours a month of supervised visits and rushed us out of there as all lawyers were walking out the door and said we all have things to do so please hurry. Don’t understand Why mediator did not talk to us before paperwork were drawn up
Customer reply replied 4 months ago
No I can not afford any more I just want to know if some how we can overturn this MSA with out an attorney or some how Sue the way we we treated or a pro bono attorney for help? As I see there never are rich people involved with CPS

They should have, if you were a party to the action and involved, in the custody/visitation. If you were and they did not and you did not have a chance to review the agreement before signing, you could have a legal basis to go back before the Judge and address this and advise them of the actions of the attorney and mediator and how this was not what was agreed to. You do not need an attorney to do this but do need a legal basis to vacate or modify the agreement which was signed, if you did not enter into it, knowingly and voluntarily.

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Customer reply replied 4 months ago
No can’t do phone call What Documents do I need to file we have already asked to change but lawyers diagree
A motion to modify or in the alternative, void the mediation agreement. In the body of the motion you need to explain what happened and how this was entered into and why it was not done voluntarily and over your objection and that you were forced to sign it
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Customer reply replied 4 months ago
Like I said daughter signed and judge yesterday demand her to go to an in house rehab ASAP they gave a 6 month extension to her but giveing girls to the father in a month We also were asked to sign an agreement in the beginning of mediation that we could not talk about what was said or happened at the mediation They said like Vegas What happens here stays here and we sighn it aslo
I understand but if this was not voluntarily signed you have a basis to talk about it because it would not be valid to begin with. There can be wrongful or illegal conduct used to benefit someone which takes away the rights of a party
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Customer reply replied 4 months ago
Ok so what papers do I have to file with courts? The mediator wants over a 1000.00 to change it but lawyers do not want to be involved
Customer reply replied 4 months ago
Do you know of any pro bono attorney that would be able to help us with this in our area
As I shared above it is a motion to modify or in the alternative , void / vacate the mediation agreement. If you want it to be changed it would be to modify it and it you want to total removed it would be to void it. As far as pro bono attorneys you could contact any family law attorney in your area and see if they would be willing to take the case as all attorneys are encouraged to do pro bono work.
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Customer reply replied 4 months ago
Thank you for your time and can you tell me how much this session has cost me I saw $39:00 is the final payment correct?
You are very welcome. I am glad I was able to help and if you could be so kind as to just rate my help so the site provides me with the proper credit I would greatly appreciate it. Any questions about billing can be answered by customer service as I do not have access to that information I am sorry to say but they would be happy to help.
FamilyAnswer
FamilyAnswer, Lawyer
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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