Understanding Custody Agreements: The Role of Notarization
Are you in a situation where you need a custody agreement or get emergency custody, but you’re not sure where to start? While a notary can help you with notarizations, it’s important to understand the role of notarization in custody agreements and what it can and can’t do.
In this post, we’ll break down the basics of custody agreements, explore the limitations of notarization, and provide you with the information you need to know.
What is a Custody Agreement?
A custody agreement is a legally binding document that outlines the terms of custody and visitation for a child. It’s usually created when you are separating or divorcing, but can it also be used in other situations. There are times when custody needs to be given to someone else such as when a grandparent or other relative is seeking custody.
Emergency Custody
At times we are called when someone wants to get or give a emergency custody. Since custody involves legal decisions by a judge, having a notarized handwritten custody note, doesn’t guarantee that it is legal. Remember that notarizaton just involves a notary properly identifying the person signing the document.
Don’t be tricked into thinking that a notarization will make a handwritten custody agreement legal. For this, you will need an attorney and follow the legal process for custody arrangements.
Click here for an article from an Alabama law firm explaining this process.
The Role of Notarization in Custody Agreements
Notarization is an important step in the custody agreement process, but it’s not a substitute for proper legal advice from an attorney. A notary public can:
- Verify the identities of the parties involved
- Witness the signatures of the signors
- Provide a notarial certificate
However, a notary public cannot:
- Create or draft a custody agreement
- Provide legal advice or guidance
- Make a custody agreement legally binding
The Limits of Notarization in Custody Agreements
Notarization is not enough to make a custody agreement legally binding. In fact, a custody agreement must be approved by a court of law to be enforceable. Without court approval, a custody agreement may not be recognized by law enforcement or other authorities.
What You Need to Do
If you’re creating a custody agreement, here are some steps you can take:
- Seek legal advice: Consult with a qualified attorney who specializes in family law to ensure that your custody agreement is legally binding and effective.
- Understand the notarization process: Know what to expect during the notarization process and what a notary public can and can’t do. Have ID that matches the document.
- Get court approval: Submit your custody agreement to the court for approval to ensure that it’s legally binding and enforceable.
By following these steps and understanding the role of notarization in custody agreements, you can ensure that your child’s future is protected and secure.
Conclusion
Notarization is an important step in the custody agreement process, but it’s not a substitute for proper legal guidance. By seeking legal advice, understanding the notarization process, and getting court approval, you can create a custody agreement that’s legally binding and effective.
Remember, a notary public is not a substitute for a lawyer. Don’t rely solely on notarization – seek the necessary legal guidance to ensure that your custody agreement is legally binding and effective.
If you are still unsure if a notary can help you in your process, please feel free to call Kelly and ask!
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