Thursday, 7 August 2014

Will a notarized custody agreement stand up in court if there was already a court ordered agreement in place?

Question

Will a notarized custody agreement stand up in court if there was already a court ordered agreement in place?



Answer

If there was a court-ordered agreement in place, then there needs to be court-ordered modification of that agreement.

Where child custody is concerned, a notarized agreement is virtually meaningless as the court can always override it. The court can always revisit custody in response to a motion for modification filed by one of the parties and the agreement will be one factor, albeit a minor one, when it comes to deciding what is in the child's best interests and whether there has been a change in circumstances since the first custody order was entered which warrant a change.



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