Legal Question in Family Law in Montana
child
if i right up a form designating myself as primary care giver and have the mother sign and notorize it would that be a binding agreement. i live in alaska and the mother lives in montana. the mother has given my daughter to my mother and doesn't want her anymore. when my mother(vonnie) went to child support to get paper work started on Rhonda she told my mom that she better stop the child support or she will take carrie back. it is a very unstable home and it would be a major disappointment if that happened. so if i could write something that would be binding without going to court. i just dont want to get carrie up here with me in alaska this summer and then have her take her back after i filed child support papers against her.
1 Answer from Attorneys
Re: child
Would a signed and notarized agreement be a binding parenting plan?
No, a court cannot enforce an informal parenting agreement. To be enforceable, you need a court order.
But that does not mean an informal parenting agreement is worthless.
In this case, you can ask the Court to adopt your informal agreement. If/When the court adopts it, it becomes a court-ordered parenting plan. If one parent violates the court-ordered parenting plan, the other party can ask the Court to enforce its order.
Mom does not sound like she will agree to a parenting plan. Mom seems to understand that, if she agrees to the child living with Dad, Mom will have to pay child support. Even so, if you and she can agree to a parenting plan, it is a first step to getting a court-ordered parenting plan.
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