Is a signed and notarized private custody agreement binding?

My son’s father and I drew up a custody agreement on paper, signed and had it notorized. He is now not allowing me to see my son on his birthday because it falls on his week. Is there anything I can do to be able to see him? And how binding is a non-court ordered custody agreement?

Asked on September 3, 2012 under Family Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as there is no court order approving the notarized private custody agreement it essentially is a preliminary agreement subject to modification as circumstances change and subject to modifcations per a court order. Custody and visitation orders are always temporary subject to future modifaction as circumstances with work and children's schedules change.

For the father to not allow you to see your so on the son's birthday is heartless. I suggest that you consult with a family law attorney to review the agreement you have written about and see what your legal recourse is as to the matter you have written about.

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