Grantham v. Grantham

YATES, Judge.

This is the second time this case has been before us. The trial court divorced the parties on September 24, 1992, incorporating into the divorce judgment an agreement between the parties; that agreement provided for the father to have custody of the minor child, with specific visitation rights to the mother. In October 1992, the mother filed a post-trial motion, pursuant to Rule 59(b), Ala. R.Civ.P., alleging that the agreement had been obtained by “fraud, misrepresentation, duress, undue influence and deceit.” After a hearing, the trial court denied the motion. The mother…