Custody & Kidnapping

Your [FILL IN: daughter, friend, etc.] may want to ask an attorney whether or not she may be able to try to get the parenting plan voided (which means it may no longer be binding) by showing that it was signed under “duress.” Duress is generally a defense that could come up in cases about contractual obligations where someone was threatened or pressured to sign a contract in some way. If your [FILL IN: daughter, friend, etc.] did not sign the contract under her own free will, perhaps an attorney can evaluate her specific situation to see if what happened to her may qualify as duress and what the likelihood would be of getting the custody order voided at this point.

Your [FILL IN: daughter, friend, etc.] may also want to ask an attorney if she may be able to file what is called a modification petition, to try to change the custody order if an attorney tells her that the duress option is not likely. I cannot say if she would have grounds (legal reason) to modify the petition, but a lawyer in your state could hopefully tell you more about this. To try to modify a parenting plan, generally a person has to prove a substantial change in circumstance has occurred since the parenting plan was first issued.

To determine her options, she may want to speak with an attorney in her area. Custody is a very complicated matter and an attorney may be able to give her advice on what to do next. Here is a link to attorneys in STATE, including many that are free or low-cost: LINK

Also, here is a link to more information about custody: LINK