Legality of Custody Agreement


#1

My husband and I are currently separated and we have a signed and notarized child custody agreement for our child. Is this legal once notarized or does it have to be filed with the courts to be legal. There have been a couple of days that he has picked up our son from our childcare provider during the day to spend time with him without my knowledge. These time periods are outside of what is listed for his visitation times. Is he able to do that under the current agreement?


#2

Nothing needs to be filed, so long as the custody agreement is notarized it is a binding contract. If he is violating the terms you an sue him for breach of contract, or, alternatively you can file a lawsuit for child custody and seek a court order to replace you current agreement.