Q: how to rescind a notary for custody that didn’t state any dates or time or length of custody? Also, court never involved
The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty
A:
In California, if you're looking to rescind a notarized custody agreement that lacks specific dates, times, or duration of custody, and the courts were never involved, the first step is to consult with a legal professional. These professionals can provide advice based on your unique circumstances, including the best course of action to legally address the lack of compliance from the other party. Given that verbal and written agreements regarding visitation are not being honored, legal intervention might be necessary.
Without court involvement initially, the notarized document's enforceability can be limited, especially if it lacks crucial details like custody length or schedules. To address this and make changes, you might need to file a petition with the family court. This legal process seeks to establish a court-ordered custody and visitation agreement. A court order is more enforceable than a notarized agreement, especially when dealing with non-compliance.
To navigate this process, gathering evidence of the non-compliance and attempts to communicate with the other party is essential. Document all interactions, as this can support your case in court. Ultimately, the goal is to ensure the child's best interests are prioritized, and a legally binding and clear custody arrangement is established. Seeking legal guidance as soon as possible can help protect your rights and the well-being of the child involved.
A: If there is no court order, your agreement is not enforceable. Getting it notarized doesn’t make it any more official or enforceable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
