Legal Question in Family Law in Pennsylvania
My soon to be ex husband want to have the kids in the summer. I have no problem with that it's just that Neither one of us have legal custody of our two children and I am not sure he will bring them back. Can he write in front of a notary stating that he will bring the kids back to me at the end of the summer and it be a legal binding document.
2 Answers from Attorneys
The short answer is NO. You need to have a custody order. If you and your soon to be ex-husband can agree on what custody each of you should have, You can petition the court for an order based on that agreement.
The function of a notary is to ensure that the person who signed the document is who they say they are, It would be the unlicensed practice of law for a notary to pass judgment on the contents of a document.
{John}
You should protect yourself with a custody order that is enforceble by the courts and authorities. I would suggest that you file a custody complaint with the court and a agreement can be prepared (usually by an attorney) and signed by both parties and filed with the court and made an order, without necessarily requiring you to appear in court. I have several office locations in Philadelphia and its suburbs.