Columbia, MD asked in Family Law and Child Custody for Maryland

Q: What's a formal format letter for custody to be notarized vs going thru legal court system

What's the legal binding of this type of agreement

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Lawyers draft separation, property settlement, custody and support agreements all the time, sometimes just addressing one or two of those issues. This forum is not designed to provide legal forms for do-it-yourself drafting. Custody, visitation and support agreements or consent orders (as well as the other matters mentioned) can be simple or complex, basic or comprehensive, and they may foreclose or leave open many options. I strongly urge anyone planning on making an agreement of this sort to at least consult a lawyer to learn about all the rights, options and ramifications of any such agreement and what needs to be addressed, as well as how to draft the terms to make sure your interests are protected and the agreement is durable (meaning it will hold up in a later court proceeding if necessary).

Tim Akpinar agrees with this answer

Dawn Renee Gould
Dawn Renee Gould
Answered
  • Divorce Lawyer
  • Frederick, MD
  • Licensed in Maryland

A: You can definitely have a notarized document regarding custody, but I would never advise that. I would advise to have an attorney draft a Parenting Agreement (access, legal custody, and physical custody). Custody is more than just where the child lays his/her head at night. it can be very complicated at times, but not all of the time. Even if the attorney drafts the agreement, it still doesn't have to be filed with the court, but at least you would have been given sound legal advice on how to draft it and all of your basis would be covered.

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