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If I drawn up a visitation agreement and have it notarized is it legally binding until visitation can be ordered?

Colebrook, NH |

My husband and I have recently separated and the divorce has been filed, but no visitation has been established. He wants to see our daughter but I do not trust that he will being her back if I am not there supervising.
He agreed to have something notarized that he will bring our daughter back and will not try to take custody.
Im wondering if it would be legally binding.

Attorney Answers 3

Posted

It is as good as you will get without a judicial order.

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Posted

if you draw up an agreement, you can ask the court to approve it. The it is an order of the court and enforceable.

That said, it seems that you have a bigger problem than the absence of an agreement. If you are worried that he won't return her, and that worry is with good cause, you may need to discuss your situation with counsel to be sure that measures are taken, and proper language is inputted into the agreement, to ensure the safety of your daughter.

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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Asker

Posted

This is the agreement I have written. Is it worded correctly?   Visitation Agreement      I, Robert Cross agree to have visitation with my daughter Gracie J Cross unsupervised with the promise of returning her to the mother Angelia Cross at the end of scheduled days (by 6:00pm).   I, Robert Cross promise not to seek any type of child custody of Gracie Cross and will only have visitation until a court order has been established.   I Robert Cross,will have visitation at 28 Jeffers Rd, Colebrook nh 03576.   There shall be no other parties present other than Robert Cross, and sons Cody and Brandon Cross. If other parties are present during my visitation, all agreed upon visitations shall be discontinued.   If I, Robert Cross, fail to return Gracie Cross to Angelia Cross all visits will be discontinued and supervised visits will be put into force immediately.   Visitation will not consist of over night visits and must end by 6:00pm in order for Gracie to prepare for school the next morning.   Angelia Cross will bring Gracie Cross to Mr. Cross’ residence and will retrieve her at the same location(28 Jeffers Rd. Colebrook, NH 03576) Robert Cross may pick Gracie Cross up from school for scheduled visitation days.   I, Robert Cross understand this agreement is a binding contract and shall be enforced to the fullest extent of the courts.      Visitation shall be as follows,   Monday 12:00pm until 6:00pm Gracie Cross will be picked up at her shool by Robert Cross. Angelia Cross will pick her up at 28 Jeffers Rd, Colebrook, NH 03576 at 6:00pm.   Wednesday 12:00pm until 6:00pm Gracie Cross will be picked up at her shool by Robert Cross. Angelia Cross will pick her up at 28 Jeffers Rd, Colebrook, NH 03576 at 6:00pm.   Friday12:00pm until 6:00pm Gracie Cross will be picked up at her shool by Robert Cross. Angelia Cross will pick her up at 28 Jeffers Rd, Colebrook, NH 03576 at 6:00pm.   Sunday12:00pm until 6:00pm Gracie Cross will be dropped off by Angelia Cross and Angelia Cross will pick her up at 28 Jeffers Rd, Colebrook, NH 03576 at 6:00pm.

Christine G. DeBernardis

Christine G. DeBernardis

Posted

I would suggest that you delete this post immediately or requested that Avvo do so. You've posted a lot of private information that should not be circulated on the Internet.

Posted

It is a difficult situation, but you would be wise not to proceed any further without a lawyer on your side.

No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

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