Perhaps one of the most difficult parts of going through a separation with a spouse or partner is figuring out how to co-parent your children. But when it comes to the future of your children, you need to set your emotions aside and make sure that they are given the family that they deserve even amidst your separation. This can be done through a notarized child custody agreement where you and your former partner will discuss how to share custody of your children. It is also one of the most important AZ legal documents that you have to fulfill as part of your divorce or separation settlement. Here are some of the things that you should know about:

Is a Notarized Child Custody Agreement Enforceable in Court?

A notarized child custody agreement is like a contract with the terms being agreed on by you and your former partner on how you will share parenting responsibilities for your children.

This document is not enforceable in court unless it is incorporated into a court order since the law doesn’t make courts bound by co-parenting agreements.

However, if you run into some problems with co-parenting in the future because your former husband didn’t follow the terms you agreed on, you can use that notarized child custody agreement as one of your AZ legal documents, as it will be honored by the court for future proceedings.

This document is also recognized by school systems and can be used for purposes like insurance for your children.

What should a Notarized Child Custody Agreement Contain?

Although you will be working with a lawyer in creating your custody agreement, you have to know its basic parts so you can already create a draft to present to your former partner to agree on.

In general, your agreement should contain and custody and visitation schedule that includes the holidays, some parenting provisions, important child support information, and other terms that you think will help you and your former spouse to raise your children properly.

Your child custody agreement should outline a clear custody and visitation schedule that includes a residential or weekly schedule that states where the children will be on what days of the week, a holiday schedule where the children will spend time during school breaks, holidays, and other special occasions and vacation time that shows each parent’s turn in taking a vacation with the kids.

How can you make a Child Custody Agreement Enforceable in Court?

If you want to make your child custody agreement enforceable in court, you need to file for custody so it can be incorporated into a child custody order. A judge will usually honor your agreement outside of court, so having this as one of your AZ legal documents will surely become handy.

To make the process easier for you, it’s best to hire a lawyer who specialized in child custody agreements so you can easily draft one and not forget any important terms.


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