Is a notarized agreement enforceable when it comes to divorce decree modifications and guardianship issues?

My husband was granted full-custody and guardianship of his son, as outlined in the divorce decree established with his ex. He would like to grant his ex temporary guardianship, so that his son can live with her for the next year. He and his ex have agreed to the terms (child support, visitation, tax/insurance, etc.). My question is, when it comes to protecting himself from legal risk associated with granting her temporary guardianship: Is a notarized agreement enforceable in court; is the notarized agreement enough to modify the decree; and is a notary’s seal valid in other states?

Asked on June 12, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Agreements freely entered in to between parties are generally supported by the court.  Settlement agreeemtns are an example of a document entered in to with out a trial and incorporated in to the divorce decree issued by a Judge.  But I would caution you here.  I would speak with an attorney first and then asking the court to allow you to modify the agreement temporarily.  Get a stamp of approval so to speak.  That is really the proper way to go.  Good luck.

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