A notarized custody agreement is a document that is signed by both parents and notarized by a notary public, which serves to establish the child custody and visitation rights between the parents. While notarization does add legal weight to the document and can make it more difficult to challenge in court, it does not automatically make the agreement enforceable. For a notarized custody agreement to be enforceable by a court, it must be incorporated into a court order.
The Importance of a Notarized Document
Notarization is a process where a notary public reviews the document and signs a certification that confirms the identity of the individuals who signed it. This provides credibility to the document and can be particularly useful if there are disputes about the agreement later on. Additionally, notarization can make the document more difficult to forge or alter, adding an extra layer of protection for the parties involved.
Enforcing a Notarized Custody Agreement
While notarization does not automatically make a custody agreement enforceable by a court, a properly executed notarized agreement can be introduced as evidence in court proceedings if one parent disputes the agreement. This can be particularly useful if there is a disagreement about custody or visitation rights, as a notarized agreement can help establish the intentions of the parties at the time it was signed.
Challenges to Notarized Custody Agreements
Even if a notarized custody agreement is properly executed, there are challenges that can affect its enforceability. For example, if a parent later contests the agreement on the grounds that it was signed under duress or under falsepretenses, the court may be shocked by the agreement and decide not to enforce it. Additionally, if it is proven that a parent exerted improper influence over the other parent, resulting in the execution of a custody agreement they would otherwise have otherwise agreed to, the court may set it aside.
##, while notarized custody agreements can be useful tools for establishing child custody and visitation rights, they are not automatically enforceable by a court. To be enforceable, the agreement must be incorporated into a court order and the party seeking enforcement must demonstrate that they are acting in good faith and that all parties involved are abiding by the terms of the agreement. Additionally, notarization can provide an extra layer of protection for the parties involved and can help establish the intentions of the parents at the time the agreement was signed.
