QUESTION

Is a notarized custody change legally binding?

Asked on Mar 30th, 2013 on Child Custody - Pennsylvania
More details to this question:
Iโ€™m in Pennsylvania so hoping for PA help. My ex and I have a court ordered custody agreement. Recently he changed it and we signed and had it notarized. Now heโ€™s telling me heโ€™s never going to let me see the kids again once he gets them. Is this document legally binding over our court ordered agreement? Iโ€™m afraid he is going to run off with my kids. If itโ€™s not legally binding what should my next step be? He scares me a lot and Iโ€™m unsure of if he can truly use this over our court ordered agreement.
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2 ANSWERS

David M. Axinn
Although the agreement has some value, it is not the same as a court order. You should have the Court Order modified to reflect the terms of the agreement. If he then violates it, you will have the ability to enforce the Court Order.
Answered on Apr 02nd, 2013 at 12:52 AM

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Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Only another court order is legally binding so the first court order is the law. However, you can use the notarized document as evidence to help your cause once you go to court to modify the existing order to what you want.
Answered on Apr 01st, 2013 at 8:31 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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