Mutual Change

[MySonsMom]

Iowa

If 2 parents have a signed, notorized document regarding a change in visitation (agreed upon) would it be binding if ever brought up/disputed by either parent?

Example..

Court order states a certain visitation schedule...both parties agree to alter it somewhat...If we make up a notorized agreement and both sign for the changes...Would it be "ok"? And if one parent decided to be devious, could the notorized agreement be used as proof that it was a mutual agreement?

Thanks!

MSM

I don't believe any court order can be modified by agreement between the parties. Shouldn't be too difficult to submit it for the Judge's signature. THEN, it would be legally binding.

[MySonsMom]

Originally posted by Grandma B
I don't believe any court order can be modified by agreement between the parties. Shouldn't be too difficult to submit it for the Judge's signature. THEN, it would be legally binding.

The reason I ask is because I have had a signed agreement with someone and it did hold up between both of the attorneys involved. (we each had an attorney, and the agreement that she signed with me was valid and her attorney told her that she was bound to the agreement and had to pay me as the document she signed said). I know there has been times when people alter visitation schedules because of different reasons if both parents agree to it. I was asked this question by a friend and wanted to get more input before I gave her my advice.

Thanks!

MSM

I would agree that an agreement signed by two parties and notarized would be legally binding, but making an agreement is not the same as modifying a court order.