My sons father and myself do not have a custody agreement for our son. My son lives with me and my husband. My sons fathers father has contacted me asking,if he would be able to have my son for a night to exchange gifts and spend time with him. We cane up with an agreement saying that he will get my son for a night and will return him back to me the next day. If we both sign and have the paper notarized, is that ok? That will mean that he has to bring,my son back to me the following day? Thank you
Even if you didn't have it in writing he would have to return him whenever you tell him to. You have priority over a grandparent. Your son's father could try to keep him without a court order, but your son's grandfather cannot. Notarized agreements regarding child custody are not enforceable as court orders, although they do show the parties' intent or prior arrangement.
The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.
I agree with the previous answer. Kudos for the forethought of getting a written agreement. Notarizing an agreement simply means the parties are who they are and carries no other legal weight if dad decides to keep child. However, if dad keeps child, you could use the notarized agreement as exhibit if an emergency custody petition would became necessary to reestablish custody. Good Luck!
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