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

Asked 10 months ago - 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)

  1. Christine G. DeBernardis


    Contributor Level 13


    Lawyers agree


    Answered . 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... more
  2. David Scott Carron

    Contributor Level 14


    Lawyer agrees


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

  3. Timothy George Kerrigan

    Contributor Level 15

    Answered . 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... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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