Legal Question in Family Law in Wisconsin

Is a non-notorized document legal and binding?

My son and his girlfriend have 2 children. She left him, taking one child and leaving the other for him to raise. She drew up a ''placement'' document specifying his support and her visitation privileges. They both signed it and it was witnessed by a third party. She is now VERY angry and has threatened to back out of the agreement. IS THIS DOCUMENT LEGAL and would it have any bearing in a permanent custody matter?


Asked on 3/15/09, 12:34 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Is a non-notorized document legal and binding?

It sounds like there is no pending legal action regarding custody and placement of these children. A such the "agreement" between them would not have been approved by the court and would not have the force of law. Certainly it is a factor, but only one of many, that will be considered by the family court if this becomes a contested matter.

If the parties are still agreeable to the terms of the agreement, then it would be best to have someone commence a custody/placement action and present the agreement for approval of the court as an order/judgment.

If they are NOT is agreement it is still best to start an action to get an order that will have the force of law. There is no nearly enough information here to venture an opinion as to how the court would decide a contested action.

I recommend that you obtain an attorney to further investigate and act, especially if you have one of the children and agree and hope to end up with this split of custody.

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Answered on 3/16/09, 11:16 am


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