English
EspañolGrounds for voiding a contract; including a custody agreement
[ONLY INCLUDE THE FIRST TWO SENTENCES IF IT’S ABOUT VOIDING A CUSTODY AGREEMENT If a person signs over custody to another person, this may be treated as a legal contract in many states. Therefore, I wanted to give you some general information on the grounds for voiding a contract.]
Generally, if someone pulls out of a signed contract, they can be sued for breach of contract and there could be financial liability. [REMOVE THIS SENTENCE IF IT’S OBVIOUS THAT IT DOESN’T APPLY: In addition, if one party paid a deposit as part of the signing of the contract, they generally lose that deposit.]I
n general, there are a few grounds under which a contract might be considered void. For example, a contract might be void if:
1. there was fraud or misrepresentation (i.e., if a party to the contract misrepresents a fact when the contract is being made);
2. one party agreed to the contract under duress (i.e., the person was forced or coerced into signing the contract);
3. one party lacked mental capacity to sign the contract (i.e., the person did not understand what s/he was signing); or
4. the contract is “unconscionable,” meaning that it is very obviously one-sided.
There may be additional reasons that a contract could be voided, and I am not sure how STATE defines some of these categories – for example, states may vary in their definition of when a person lacks the mental capacity to sign a contract. However, of course I can’t speak to what will happen in your situation. Since I cannot give legal advice, you may want to ask an attorney whether or not your situation meets any of the grounds for voiding a contract in STATE. Here is a link for lawyers in STATE, some of which may be free or low-cost if you qualify: LINK
