Los Angeles, CA asked in Child Custody and Family Law for California

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

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2 Lawyer Answers

A: If there is no court order, your agreement is not enforceable. Getting it notarized doesn’t make it any more official or enforceable.

James L. Arrasmith
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Answered

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.

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