Legal Question in Family Law in California
in california, if my ex and i make a contract about our daugher custody, visitations etc. and have that notarized, wil that be legally binding, stand up in a court of law?
Asked on 9/13/10, 8:48 am
2 Answers from Attorneys
JULIEANN SAYEGH
Law Offices of Julieann R. Sayegh
You will need to have that agreement made an order of the court or file a judgment on the issue of custody and visitation based on your agreement. The agreement alone between the two of you is not a court order.
Answered on 9/18/10, 1:39 pm
The court must make an independent finding of what is in the best interests of the minor child(ren). Therefore an agreement is unenforceable. It is, however, strong evidence of what is in the kids interests and the court will, therefore, almost always adopt it. But as far as being enforceable, only a court order is enforceable as to custody and visitation.
Answered on 9/21/10, 2:45 pm
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