Document notarized?

[gottalovehiggin]

What is the name of your state (only U.S. law)? Idaho

If my husband and I wrote up a document on visitation for our two year old daughter, and got it notarized. Would it be legally Binding?

 

[Proserpina]

What is the name of your state (only U.S. law)? Idaho

If my husband and I wrote up a document on visitation for our two year old daughter, and got it notarized. Would it be legally Binding?

No.

Submit it to the court as part of a parenting plan, get the court to order it, and THEN it is binding.

But..this is your husband, yes? Why wouldn't you have custody and visitation sorted out during your upcoming divorce?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Idaho

If my husband and I wrote up a document on visitation for our two year old daughter, and got it notarized. Would it be legally Binding?

Are the two of you currently legally separated or in the process of getting divorced?

Because I believe the answer here is, unless it is registered with the court as a court order, it would not necessarily be legally binding. Both parents have equal rights to visitation and custody of the child absent a legal court order stating differently. One can usually get the court order if you are in the middle of a legal separation or divorce through the courts.

 

[gottalovehiggin]

That is what i wanted to do, But all of a sudden he wants to take her alone and over night. I just wanted something right now saying that he would have to give her back, since we are married and both have the same legal rights to her.

 

[Proserpina]

That is what i wanted to do, But all of a sudden he wants to take her alone and over night. I just wanted something right now saying that he would have to give her back, since we are married and both have the same legal rights to her.

Any reason why he have shouldn't have her overnight, incidentally?

One of you just needs to file in court for temporary orders pending the divorce being finalized.

 

[gottalovehiggin]

Are the two of you currently legally separated or in the process of getting divorced?

Because I believe the answer here is, unless it is registered with the court as a court order, it would not necessarily be legally binding. Both parents have equal rights to visitation and custody of the child absent a legal court order stating differently. One can usually get the court order if you are in the middle of a legal separation or divorce through the courts.

We have been separated for a little over a year now. for the first 8 or 9 months we tried working things out. but he kept disappearing for weeks at a time . And the last time was close to a month. So we are not legally separated, and not yet started on the divorce.

 

[sandyclaus]

That is what i wanted to do, But all of a sudden he wants to take her alone and over night. I just wanted something right now saying that he would have to give her back, since we are married and both have the same legal rights to her.

So, what's wrong with letting him have her alone and overnight? Is there a particular safety concern, or are you just looking for something to be petty and vindictive about?

Really, if there isn't a valid concern, then you need to let Dad have her if he wants.

 

[gottalovehiggin]

Any reason why he have shouldn't have her overnight, incidentally?

One of you just needs to file in court for temporary orders pending the divorce being finalized.

Not necessarily, I want him in her life. He has just been in trouble alot with law lately and i suspect drug usage. So i am scared. And I just dont want to take the chance of him keeping her from me. I guess i need to just call a Lawyer. I was just trying to wait till taxes.

 

[gottalovehiggin]

So, what's wrong with letting him have her alone and overnight? Is there a particular safety concern, or are you just looking for something to be petty and vindictive about?

Really, if there isn't a valid concern, then you need to let Dad have her if he wants.

I want him in her life. He has just been in trouble alot with law lately and i suspect drug usage. So i am scared. And I just dont want to take the chance of him keeping her from me. I dont feel I am being petty or Vindictive. I just want the best thing for my Daughter.

 

[Proserpina]

I want him in her life. He has just been in trouble alot with law lately and i suspect drug usage. So i am scared. And I just dont want to take the chance of him keeping her from me. I dont feel I am being petty or Vindictive. I just want the best thing for my Daughter.

Take your proof of drug use, and proof that his drug use would harm your daughter, to court and request supervised visitation.

(If you don't have proof, you don't stand a chance at getting that)

Other than that, Dad will likely get the usual visitation schedule.

 

[gottalovehiggin]

Take your proof of drug use, and proof that his drug use would harm your daughter, to court and request supervised visitation.

(If you don't have proof, you don't stand a chance at getting that)

Other than that, Dad will likely get the usual visitation schedule.

Thank you,