Is a notarized document stating an agreed upon arrangement between both parents considered a legal document?

We are notarizing a document which has the custody agreement between both parents.

Asked on March 21, 2012 under Family Law, Nevada


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

Answered 8 years ago | Contributor

It sounds to me like you re entering in to a contract - which is what a custody agreemnt really is - and that you are taking the extra step to have it notarized for legality.  Is it binding?  Yes, it can be.  But what worries me is that if you do not have it reviewed by an attorney who can expla the law in your state - and the courts are very strict with support issues - that one of you may seek to have the agreement set aside based upon contract law.  So have it reviewed and get some info first.  Courts will generally uphold agreements entered in to in good faith and that support the best interests of the children.  Good luck.

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