QUESTION
Does that notarized paper have any power over me getting my children back?
Asked on Sep 04th, 2015 on Child Custody - Wisconsin
More details to this question:
I wrote up a paper and got it notarized stating that my two children's father could have temporary guardianship of my three kids and when I was ready for them to return I would come get them. Now, he is stating that if I come get them, I will get arrested. He claims a lawyer told him the notarized document gave him full custody. We never went to court. It was just an agreement between me and him and he told me he needed it to get them into school which he lied about. We had just moved and I was trying to get back on my feet which is where the agreement came into place. I didn't want them shuffling around with me and I was doing what I thought was the best thing for them temporarily. My youngest child isn't even biologically his. My children don't want to live with him and they are begging me to come home.
2 ANSWERS
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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Any agreement has to be approved by a court. However, doing something like this on your own without an attorney or court approval is a big problem, as you can now tell. You need to hire an attorney to talk about the best ways to get your children back with you. (No, just calling the cops is NOT a good idea).
Answered on Sep 10th, 2015 at 8:42 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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What the children want is usually irrelevant to the decision about custody and placement. Notarizing a document doesn't mean much at all. I think you need to consult a skilled family law attorney in your locality who can advise you whether or not to file a paternity action, or take other action to protect your child's best interest. Good luck.
Answered on Sep 09th, 2015 at 9:19 PM