Legal Question in Family Law in Pennsylvania
Child Custody
I was wondering if I typed up a custody agreement between me and my son's Father and had it noterized. If it would be just as legal as going through the court system. Being that either on of us can afford an lawyer.
2 Answers from Attorneys
Re: Child Custody
No.
First, all a notary can legal do is say that the people who had their signatures' notarized are who they say they are. Notaries are not allowed to review the document content. Only a lawyer can do that. For a custody order to be enforceable in the courts it has to be a court order.
There are ways to do this without paying the filing fee or even having a lawyer. You should check with the Prothonotary to see how you could do this. The method is county specific.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Child Custody
You asked about formalizing a custody agreement.
A custody agreement must be formalized in the manner specific to your County in order to be enforceable.
And that is the key issue: how much does either party expect to have to enforce a custody agreement? A custody agreement is necessary only where the parties see a potential for custodial issues by one or both parents. Two mature people who each love their children often don't need a custody agreement and can work things out amicably. Problems arise when one person decides to move to another state, or wants to do something that the other parent doesn't approve of.
If you can get along for the time being then maybe you can put off a custody agreement until you can do it right. If it is a necessity, then you should first see if your local legal aid office can help. Many law schools have legal aid clinics that can often accommodate matters such as these, particularly if it is just formalizing what the parties have already agreed to.
Regards,
Roger