Legal Question in Family Law in Arizona
My daughter was living with her boy friend for 8 years, has a daughter that is 7. He was cheating on her and decided to end the relationship. She had major back surgery and while she was having it done he filed custody papers. He had her served two days after her surgery. She was heavily medicated during this time. He told her to just sign the papers, they would just take a break for a couple of months, she was devastated. She believed every word he said. He kept telling her it was only temporary. She signed the papers without a lawyer representing her. He told her that they would share custody of their daughter and if she ever needed money for Gracie he would pay. The papers stated he didn't have to pay child support. She had to move in with his mother, two days later he moved his girl friend in with him. The papers were signed and now my daughter has no money to hire a lawyer. Can the papers she signed be voided because of her state of mind being on medication?
1 Answer from Attorneys
Would her doctor verify that she was in no state of mind to sign documents? If so, then I believe she would have a strong case. BUT, HOW LONG HAS IT BEEN? If she has allowed a long time to pass, that may be an issue.
Even if she cannot "void" those papers, both custody orders AND child support orders CAN BE MODIFIED.
We can certainly help her consider and then pursue her options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss the matter in detail.
Please have her call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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