Q: Are notarized documents typed up & signed by both parties legally binding or do they hold any weight in court?
Examples being custody arrangements for kids, money given towards supporting the children.
*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*
A: Depends on whether they are also properly drafted and executed. If you prepare them yourself, odds are there will be defects, the consequences of which can range from no problem at all to you losing significant property and / or entitlements or worse.
They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and may find it to be very helpful, particularly if the child appears to be doing well with that particular schedule.
With child support, the court can more directly use the terms of the agreement, but I hesitate to say too much without knowing more details about the specific language used, how the number was agreed upon, etc.
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.