Legal Question in Family Law in California
Is this a legal and binding agreement?
If an agreement on child custody and or support is made between to parties outside of court, and a handwritten agreement is signed by both parties, is this a legal and binding agreement? whether or not the agreement is notarized or not?
2 Answers from Attorneys
Re: Is this a legal and binding agreement?
A contract of any type is binding without being notarized but in the case of child support the court can void the contract and pretty much do whatever it wants.
Re: Is this a legal and binding agreement?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Provided the agreement does not contain anything contrary to statute or case law, it probably would be binding on the parties. Notarization is not necessary. BUT, either party can go to court at almost any time to have the agreement voided or modified if doing so is in the "best interst" of the child(ren).
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.