Legal Question in Family Law in Ohio

Motion to Set Aside due to Duress.

For the past year my lawyer has told me the case against ex re: custody of our 5y/o daughter was well supported. Meetings w/ opposing attorney leaned favorably towards me. Due to evidence I provided: cont. of court I filed for failure to pay child support, 400/YR, (yes, YR) for 2yrs, missing court ordered parenting time, (24hr or more on 3 diff. occ. 6 days w/in 1yr) not taking our daughter to preschool & not paying 50% of its cost, police reports of severe DV w/ current s.o. in the presents of our daughter (charges dropped) I was prep.'d for testimony the night prior to the 1st trial. Didn't sleep that night. Read articles and contemplated all possible questions the opposing attorney may ask. During pretrial neg.'s I stated why my plan was in the best interest of our child. Assuming my lawyer would support me. My lawyer spoke in favor of settling. Felt like I had been sucker punched. tears poured uncontrollably. She told me she didn't think we had enough evidence. I told her I wasn't happy. Asked what else I could do. Both lawyers discouraged going before the judge. My attorney advised it was best to settle. I was too upset to stand in court. I couldn't leave..stuck. Settled. Do I have grounds to overturn?


Asked on 11/01/07, 1:41 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Motion to Set Aside due to Duress.

What were you seeking from your ex and what did you settle at?

Read more
Answered on 11/02/07, 8:06 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio