Legal Question in Family Law in Oklahoma
I live in Sequoyah County in Oklahoma. I have 2 kids ages 14 and 11. They hate going to their dad's, but I was forced to sign an agreement forcing them to go there for a week and then with me for a week. I was told by them if I did not sign the agreement, they would file for full custody and I was told since they had a lawyer and I could not afford one, I would lose my kids, so I signed under duress. My question is, is the agreement legally binding? All the ex wants is my money because the agreement said they would claim both kids on taxes. Thank you!
1 Answer from Attorneys
No. This agreement is not binding unless it is executed under a court of law and particularly if the kids have demonstrated a desire to avoid this visitation. Children usually have a reason for this behavior and they should not be forced to so otherwise.
Secondly, if they have a lawyer, you should retain one too. Particularly, in the interest of the children. The only reason they were sucessful in executing the agreement is because you did not hire a lawyer to represent you and this behavior can be construded as an unethical practice by the attorney. However,its never to late. You can still hire one to get this agreement modified or overturned, particularly, it was primarily executed for money enlargement, exploitation or maniplulation by and through the IRS.
In closing, you didn't mention how this visitation was established during your divorce; if any, or if you were married to the absent parent. If you were not married his rights become secondary outside the court of law and this custody or visitation should have been clearly establishe if you were divorced. Never-the-less, visitation and/or parental rights can be revisited for the sake of the children.