Legal Question in Family Law in Georgia
I went to a mediation session with my ex-husband about the custody of our son, we agreed on terms and I signed a paper that I agreed but that night he tried to hit me with my son in the car with him, so I decided that I wanted to take my chances in court. When I called my lawyer the next morning and told her I assumed she would take care of it but when I confronted her about 5 days later she informed me that she filed the papers anyway. Is there any way I can sue her for no doing what I told her? and can I legally change my mind in less than 24 hours?
2 Answers from Attorneys
Maybe you can sue her and maybe you can't but must immediately tend to what has been filed with the court. Unless a judge has signed an order making your agreement the order of the court, it is not binding. Even if a judge has signed an order, if you are still close in time, you may be able to get the order set aside. If your lawyer won't try this, get another lawyer.
I agree with the previous answer. Also, if you believe your attorney did not follow your directions, you may want to file a bar complaint. Go to www.gabar.org to review the procedure.
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