Will a signed notarized agreement stand up in court regarding custody of our children?

Asked about 4 years ago - Westfield, MA

My kids father would like to take them for the summer. The kids have epressed interest in this. I would like to have some kind of agreement signed and notarized stating that this is a temporary situation, it does not change our current custody ( i am the custodial parent), it does not change our child support order, that I am not in any way shape or form relinquishing any of my rights to the children and that they may return home at any point before the end of summer. Will this hold up if he took me to court?

Attorney answers (1)

  1. Richard B. Kell

    Contributor Level 10

    Answered . This is a common question for parents in your situtation. First, you should look to the separation/custody/support agreement that was incorporated into the last final order. It should have language in it that specifies what and how parents can agree to handle regarding custody matters that deviate from the standard arrangement. With that said, no agreement, written or spoken, will stand up against the last final order if its terms contradict your current custody agreement. Problems often arise when parents try to agree to things outside of the order (thinking unselfishly at the time, but later getting mad about something, and then trying to "punish" the other parent for being in violation). My best advice would be to read the last final custody agreement/order the best you can to see what it says. If it is silent, or you have difficulty understanding exactly what is allowed, you may want to see an attorney that could help you answer your question BEFORE the two of you try to draw up an agreement on your own. Hope you found this information helpful.

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