If two parents (unmarried) want to draw up a type of custody agreement re: when the child spends time with the other, holidays, etc. (no money issues) and sign this said agreement, have it notorized, is it legally binding?
Trying not to get courts involved...
No, not a dumb question at all.
The only thing that makes it binding when you file it with the court is that it is ORDERED by the Judge and the Judge can find someone in CONTEMPT of disobeying the order.
If you just have a written agreement between two parents, how do you intend to enforce it if one party blows it? A law enforcement official sure wouldn't abide by it.
Yea, they were my thoughts too but I wanted to get some more opinions on it.
You'd hope two adults could come to an agreement about what is best for their child...but that would be a perfect world, I guess. <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />
We drew up a custody agreement with no lawyers involved. It was actually a joint motion, both sides signed it and had it notarized, then we submitted it to the court. The judge just signed off on it some time later -- there was no court date or need for anyone to show up in court -- the judge just signed it and sent out signed copies.
It was binding, too. We had to go back and have it enforced later on when the other side would flake out. We also were able to use that same agreement to later go back and establish child support (which WAS contested).
So, you can come to an agreement on your own, and if you do the paperwork right and can run it by the court, you can make it enforceable. You need to know how to write the motion. You can either research that online with your state courts, or get a legal document service to do it for you.
-AmI.
Thanks for the replies!
I wish it could be hammered out without judges, or courts or any of that but...