Legal Question in Family Law in Texas
Child Custody
My child's father and I have just separated. We were never married. We have devised a custody agreement that we both agree on. I want to have this agreement in writing. Can I just type our agreement and then have each of us sign it in front of a notary? Will this hold up in court if need be?
2 Answers from Attorneys
Re: Child Custody
Writing it up and signing it might constitute evidence of what you both wanted to happen on the date in time. It doesn't legally obligate either party to future behavior. You need a court order for conservatorship, visitation and child support. It is called a SAPCR, and in order to do it correctly, you can take your agreement to an attorney.
Re: Child Custody
No. Notarized documents are seldom worth the fee. Yes it is some, although slight, evidence. If you want to have a custody agreement for your child, a judge has to sign it - not a notary.