Legal Question in Family Law in Florida

Re: Mediation

Your question is far too complex to provide you with an adequate response. You must sit down with an attorney and review your circumstances in detail to obtain proper advice. Quick answers could only get you into more trouble. You can communicate with our office or one of the other many qualified attorneys listed on this web site if you wish to have such a consultation.

Re: Mediation

Thi is a difficult situation. Mediation can be very helpful, but it is not for all situations. You are describing a situation for which Mediation may not be appropriate.

A mediated agreement can be 'set aside'. There are a number of legal theories on which this can be accomplished. The actual facts will tell us which one is best for this situation.

If the Mediated agreement has not yet been approved by the judge (not necessary, but usually done) you can have it set aside then by stating that 'it does not represent a knowing, voluntary agreement' to the judge. Use those words.

If it has already been submitted to the court, then you may make a 'motion on notice' to set it aside. Again, the legal part is not difficult. An attorney is helpful, but not 100% necessary for this action.

Remember, this case is not over yet. The 'best interest of the child' that everyone talks about is serious. This will be your strong sword and shield in your efforts to make a good life for your child.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, New York, NY. Please call for an appointment first; (646) 591-5786, fax (718) 729-2029.