A written signed document by both parents and signed by a notarize about child custody hold up in court?

Me and my son's father have never been married. We have a 2 year old son. We both don't want to go to court or fight about the visitations and custody rights. If we have a typed paper that is signed by both of use and notarized. Would it hold up in court? If one of us decide not to go by what we both agreed on. We want it to where I, the mother would have the main custody, and the final say on about what is best for my son, and wellfair. But for us to both share custody also. Im just the one he lives with and I take care of him. I am afraid that he will take him one day and not give him back and I was wanting to have the document say that. But if it happened would the document hold up. Also if he trys to stop me from moving to another state, even though I will let him see his son when ever he wants as long as he gives him back. So Im wondering if this signed by both parents document and nortarized hold in court?

I never took family law because it was a bird course but from my limited exposure when dealing with custody of a child the only thing that ever matters is the best interest of the child. Nothing else matters. You can make any agreement you want and that is useful should there be minor disputes and it shows intent etc but when it comes right down to it the only thing that matters is what a judge feels is in the best interest of the child.

It will be considered evidence of an agreement in any legal action brought between you. If it's terms (including those relating to permamnent removal of a child from the state) do not violate your state's laws or public policy it will be upheld by the court. As long as the two of you voluntarily comply with its terms the court needn't get involved. But if there is a disagreement, the only way to enforce it is for someone to file a paternity or child support & custody petition wityh the court & obtain a court order. One thing you did not mention is the provision regarding the non-residential parent's contributions for child support, medical care, educational & day care expenses. This is where most agreements come apart. Every state has some statutory means of calculating support. I strongly suggest that you consult legal counsel to be sure the terms will be upheld by a court; and if you want to be sure of enforcement to petition a court for formal approval.

The reason we have courts is so people can't just make things up by themselves. Of course you can write whatever you want (use spellcheck if you do) but it won't hold up in court. Only the courts can decide who has custody and what the custodial arrangements are. Without having this in place you are leaving your children open to being taken away from you or used as pawns, as you say you are afraid of.

First and foremost, I would suggest that you retain legal counsel. If you agree on everything it will not cost you much. You will then present your agreement to a judge and you will have what is called an Agreed Order. This is basically the same document that you will come up with, but the Agreed Order is enforceable. If you two have a document notarized all it says is that you two agreed to it. There will not be any penalties if you or the child's father do not adhere to the agreement. If you have an Agreed Order there are plenty of paths of recourse should the Order not be complied with. Also, as another post said, an Agreed Order will force the issues to come out so that down the road you aren't caught in the middle. Good luck.

I have a friend who is a paralegal for family court. She says that a notarized agreement will definitley hold weight with the courts. However, it is not a legal binding document that the courts issued. If you are afraid that your son's Father will take your son... you really need to obtain a lawyer and have custody paper drawn up. This way if he was to not follow the agreement, you could take action. Hope this help! Good Luck!