Chocowinity, NC asked in Child Custody, Child Support and Family Law for North Carolina

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*

2 Lawyer Answers
Amanda Bowden Johnson
Amanda Bowden Johnson
PREMIUM
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

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.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: 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.

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