If I've had mediation and me and the father and our lawyers have signed the agreement but a judge has not signed it do I have to let the father see our child? I'm concerned for his safety but unfortunately don't have any evidence that shows he's a bad dad.
This is a question for your lawyer.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Read your mediated settlement agreement. If it states that the visitation starts immediately then you are not following it. An attorney needs to draft the paperwork for the judge to sign. Call your attorney and find out what the MSA states and when the paperwork will be submitted to the judge for signature. It's too late to bring up your worries - once the judge signs the paperwork this door is shut and both of you start with a clean slate. You will have to have new examples of issues with dad since the old concerns can never be brought up to a judge once the final paperwork is signed by the Judge.
Fran Brochstein has been a licensed Texas attorney over 23 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
I agree that you should discuss this with your attorney asap. If your circumstances have changed since you signed the Agreement, you may need to have your attorney file something with the court. Generally, a mediated settlement agreement is enforceable without a judge's signature, so you need to speak to your attorney and make sure you comply with the terms.
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