Do we need an attorney for child custody matter?

Full question:

Can we draw up legal papers without an attorney for custody of a child when the other parent is not contesting and willing to sign the documents. I would think we could get the documents, sign them, notorize and file with courthouse without an attorney. Is that true?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Washington

Answer:

The type of document you should file will depend on the facts and circumstances involved, such as whether you are married, seeking a divorce, etc. For example, in a legal separation, the parents can create a parenting plan for custody that may be incorporated into the final custody order in the divorce decree. When parents aren't married, it may be necessary for a parent to relinquish parental rights in order to be relieved of the duty of support. Parents generally may not voluntarily waive child support through private agreement.

It is always a good idea to consult an attorney on important legal matters such as child custody. You may choose to prepare materials before meeting with an attorney in order to promote efficiency and reduce costs. Please see the questionnaire at the link below.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A notarized document can be legally binding, but it does not guarantee that a court will enforce it. For custody agreements to be recognized by a court, they usually need to be incorporated into a formal court order. Notarization adds a layer of authenticity, but it's advisable to have any custody agreement reviewed by a legal professional to ensure it meets all legal requirements and is in the child's best interest.