I'm a single mother and I want to write up a contract with a few rules to protect my baby. If I do this does it need to be notarized, or will it hold up in a court of law as it is?
2006-07-01 20:22:42 · 12 answers · asked by Wicked 2 in Politics & Government ➔ Law & Ethics
Hi Wicked!
I'm always amazed at the variety of answers people will give when they have no clue as to what they're talking about. So, let's see if we can give you proper advice.
First. Yes, any holographic (hand written) contract can be binding, so long as it meets the basic conditions for a valid contract (isn't a contract for an illegal act, signed by two or more people with the capacity to contract, etcetera). The mere fact that it's handwritten won't hurt you. However, your handwriting can come to bite you - so I always suggest typing and spellcheck, just because words have extreme value in contracts.
Second. It does NOT have to be notarized. The reason some folks might tell you that it needs to be is that it can be hard to prove that someone signed or didn't sign an agreement. As you're already probably aware, the contract isn't "for the marriage", it's "for the divorce", which means that if you ever have to enforce the agreement, people aren't usually at their most agreeable. So, notarizing the agreement might be a good idea, but it's not absolutely required. What you might want to do is ask to see the other person's driver's license just so you get their real, full name and then visually compare the signatures.
Third. You state that this contract is to "protect [your] baby". It sounds like, as someone else stated, that this might be for potential baby sitters. This is a great idea... but don't forget my first point from above regarding the capacity to enter into a contract. In most states, people under the age of 18 are not legally able to contract. This means that while they might sign something, they have what's known as the ability to "void" the agreement at will. So, if the other party is under 18, I would also recommend that you get their parents to sign (then the parents are actually responsible for breach of the agreement, not just the child).
Oh wait... I just read your profile... and I think I now see where you're going with your question. Yes, you can still hand-write an agreement to accomplish what you're considering. However, due to the complex nature of what you're trying to do, I would DEFINITELY recommend that you speak with an attorney in your geographic area that is an experienced family law professional. They should be able to draft something for you without too much hassle (you'll need to be able to tell them specifically what you want in terms of protection). Oh, and also, in this case, I would DEFINITELY get it notarized as well.
Good luck!
2006-07-02 02:06:01 · answer #1 · answered by negotiator 2 · 2⤊ 1⤋
All agreements, even verbal, may be binding in a court of law.
For example, a couple who've been dating a while decide to break up. Mid-way through the relationship, the man gave the woman a ring worth more than $1000 and told her it's a gift. If he can't prove without a doubt that it was not just a gift, but a ring to be returned should the relationship goes south (say, a family heirloom), the ring is hers.
So, if you get it in writing and both of you sign the agreement, just like a check, it's binding with or without a notary. A notary only adds to the authentication.
2006-07-02 03:31:48 · answer #2 · answered by scavenger_meat 3 · 0⤊ 0⤋
It will absolutely hold up in a court of law. Provided that both parties sign it. If you want to guarantee everything, take yourself and whomever else you want to sign this contract to a notary and do it right in front of them and have it notarized. Then you'd have absolutely no worries
2006-07-02 03:26:48 · answer #3 · answered by Knox Senior 2 · 0⤊ 0⤋
By all means, notarize it, -would be meaningless if you didn't, as
anybody could have written it. Better yet, contact your local Legal
Aid Society- they are free, or get one of those quasi-attorney outfits that will help you far cheaper than any lawyer will rip you
off for (these are litle businesses thaht aren't quite lawyers, but
know what forms to fill out, how to file them, etc.)
2006-07-02 03:27:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the contract is signed by the other party (a babysitter maybe?) and the contract doesn't violate any other laws, then it's binding.
2006-07-02 03:26:00 · answer #5 · answered by slagathor238 5 · 0⤊ 0⤋
Honey, you need to get a lawyer to write it for you.
Write it first and then have them do it.
A verbal contract is "not worth the paper it is written on" Yogi Berra
2006-07-02 03:26:00 · answer #6 · answered by Texas Cowboy 7 · 0⤊ 0⤋
Yes, even a "verbal contract" can be held in court.
2006-07-02 03:25:49 · answer #7 · answered by maselphie 2 · 0⤊ 0⤋
Better get a lawyer to take a look at it when ure finished.
2006-07-02 03:25:58 · answer #8 · answered by marioistheshiz 2 · 0⤊ 0⤋
use a standard one and add and/or change what you want then have it reviewed at self help law office for free.
2006-07-02 03:29:00 · answer #9 · answered by ? 3 · 0⤊ 0⤋
go see a notery and then it will stand ,jump and lay down in court.
2006-07-02 03:28:18 · answer #10 · answered by macki4 4 · 0⤊ 0⤋