Legal Question in Family Law in Alabama
Custody documents
Can custody documents, once signed by both parties and filed, but not yet finalized by the court, be challenged or modified by the defendent?
1 Answer from Attorneys
Re: Custody documents
Yes, you can file a motion to set aside the agreement, but it can be hard to win a case like that. In order to win, you will need to have a strong basis for getting the agreement set aside, such as fraud or duress. Whether or not you have a basis for setting aside the agreement would depend on the facts and circumstances of the case and on the reasons why you have changed your mind about the agreement. The preference of the judge will be to enforce the agreement, so there needs to be a good reason for the judge to set it aside.
I would suggest that you call an attorney as soon as possible, to discuss how you should handle this situation. As difficult as it is to set aside the agreement before the judge signs it, it will be even harder to set it aside after the judge signs off on it.
Good luck.