question about custody please help

[metixy]

Hi, I have joint legal and physical custody with my ex husband. we both split the weeks equally. When the divorce was done there was no summer schedule incorporated, and now we are wanting to do week at time during summer. We drew up a paper and signed it in front of a notary, and had it notorized. what i am trying to find out if the paper will stand since it wasnt done by a Judge or attorney?

 

[jacksgal]

Do you mean is it legally binding? Not really. A notarized document only means that the notary is acknowledging that the persons who signed document are who they say they are

 

[metixy]

Oh, so if he chooses to not bring them to me like the document states there isn't anything I can do then? Since it isn't the court order?

 

[Proserpina]

That's correct.

 

[metixy]

Is there anyway I can make it legal? I know how to file petitions and ect. but is there another way of doing it, because the judge who is over the divorce said several months back that we cant petition the court without seeking mediation first, and I have no way of paying for that.

 

[Proserpina]

If that's what the court has decided, then that's really your only option.

(You can try to file a stipulated agreement - that way you really don't have to get the judge to decide anything other than what time of day to put his/her stamp on the agreement...but you might still be forced into mediation)

 

[metixy]

Ok, I will look into that. thank you