Legal Question in Family Law in Maryland
My ex-husband coerced me into signing a visitation schedule.
Is this agreement legal and would it hold up in court if I don't follow it? I have sole custody of my daughter. I signed the visitation agreement that he wrote because he threatened to take me to court again if I didn't.
2 Answers from Attorneys
Re: My ex-husband coerced me into signing a visitation schedule.
It is highly unlikely that you would be able to convince a judge that a "fair and reasonable" visitation agreement was obtained under duress by the mere threat of litigation. If you felt that the agreement was inequitable then you should have sought counsel before signing it. On the other hand, the specific provisions of the agreement will bear considerable light on whether it is unconsionable and, without seeing it, nothing can be said in this regard. Typically there are more matters than mere visitation that are in dispute and all of these matters should be discussed with an attorney as to relevance for seeking a modification of a judicial order of custody. A custody case, or modification thereof, rarely hinges on one factor alone.
Re: My ex-husband coerced me into signing a visitation schedule.
I doubt you'll be able to convince a court that a visitation schedule agreement should be disregarded simply because you feared having to go to court. You could have consulted an attorney at modest cost to find out if the proposed schedule was appropriate, or if further negotiation was required. On the other hand, a court always reviews these things on the basis of what is in the best interest of the children, and if the schedule is detrimental to them, it can always be modified.