My niece signed away custody of her child on a piece of paper. No one else was present, just her and the dad. Is this legally binding?
2007-11-15 08:16:28 · 5 answers · asked by MonkeyMami 2 in Politics & Government ➔ Law & Ethics
General answer - No.
Child custody laws are state specific. However what follows is the "general rule" and should at least serve as a starting point.
Custody of children born to unwed mothers is, by default, to the mother. Fathers have no "automatic" visitation rights until they petition the Court.
Child Custody agreements *must* be approved by the Court in order to be binding on the parties. This is because a Court has the ultimate authority to decide the fate of a child, even over the express wishes of the natural parents. In order to approve an agreement the Court must make a finding that such is "in the best interests of the child" and that the parties are "knowingly and intelligently" waiving their right to a trial.
Now the practical effect of a custody "contract" is that it could be presented to a court as evidence to be considered in deciding a contested custody case.
I would also say that even if the document was witnessed, notarized, prepared by an attorney, etc., it still would not change the fact that the agreement has not been approved by the Court and as such is not binding.
2007-11-15 09:09:35 · answer #1 · answered by James S 2 · 0⤊ 0⤋
Maybe, maybe not.
Many jurisdictions have laws that give a mother a certain period of time to change her mind even if such a contract is prepared by a lawyer, witnessed, etc.
That it was an 'informal' contract doesn't automatically mean that it "couldn't" hold up in court, and that she signed it doesn't automatically mean that it "could".
She should consult a lawyer familiar with child custody laws in your country / State / Province.
Richard
2007-11-15 16:27:04 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
Highly doubtful that the paper will hold any legal bearing. She had better have some good answers for a judge though, when he asks why she signed the paper.
2007-11-15 16:26:35 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
You don't want the advice of us bozos who mean well. Call a real attorney in the state where your niece lives.
2007-11-15 16:21:45 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Doubtful that it is legal, consult an attorney asap.
2007-11-15 16:24:28 · answer #5 · answered by jon_mac_usa_007 7 · 1⤊ 0⤋