if i type the document myself and have it notarized and signed by both me and my seperated spouse, is it legally binding? like if we agreed he would get the kids every other weekend, but he skipped town with them, could i call the cops? im aware the courts can change custody, but we havent been seperated a year yet and i cant afford a lawyer at the moment. i want to protect myself so my ex doesnt take our kids cause he has a temper and doesnt think before acting.
Yes, you can draft a separation agreement on your own. It is binding on both parties as long as both parties have signed the agreement and both parties’ signatures are notarized. It is a good idea to execute duplicate originals of a separation agreement so that each party can retain an original.
Generally the police will not get involved in civil disputes such as custody. If the father left town with the children and this was in violation of the separation agreement, he would be in breach of contract. You would then be entitled to sue him for breach of contract.
You may also consider filing a custody action against the father so that you can enter into a consent order (if the custody terms are agreed on). Custody court orders tend to be easier to enforce and modify.
You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and could be a great resource for you to handle your custody issues without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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