QUESTION
Are the papers I have legal? And do they stand even though there is no lawyer, notary or judges signature?
Asked on Jan 09th, 2022 on Child Custody - Georgia
More details to this question:
In my divorce I was given primary legal custody of both kids. However, my youngest has been staying with her dad due to academic reasons. The papers that we signed to give him primary were never signed by a lawyer or notary and they were never filed. Does this mean I can get my youngest and keep her?
1 ANSWER
Domestic Relations Litigation Attorney serving Atlanta, GA
Partner at
Kaye, Lembeck, Hitt & French Family Law
Were your divorce papers filed? If they were, then those are the documents that control. If you made a subsequent agreement with your ex-husband saying your youngest child can stay with him and you both signed that agreement that is evidence that you made an agreement but it is not a court order because it has not been filed in the Court so it does not supercede the prior order. If your divorce documents were not filed and they are just an agreement between you and the father, then that is a different situation and the most recent agreement you made with him (the agreement for your child to live with him) controls the situation. It does not matter that the documents are signed by a lawyer - they do not need to be. The notary signature helps verify the signature, but it does not invalidate the document.
Answered on Jan 19th, 2022 at 5:30 AM