Question:

Is this a legally binding custody agreement?

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my daughter gave me her son along with a typed custody agreement signed by both of us and 2 witnesses.is this legal or could she just come and take him back at any time she decided to?

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6 ANSWERS


  1. all custody issues to be legal must be in a court order from family court..otherwise..nothing stands


  2. Granting custody of children can only be done in court. Yes, she can come back whenever she likes and take the boy back. Keep that paperwork though, in case it ends up before a judge. You could "beat her to the punch" and file for legal custody through the courts with your paperwork.

  3. In order for a custody change to be valid, it must go through the court system and be approved by a judge. You daughter could challenge this at any time.

  4. Custody order must be issued by Family Court. You can make request, furnishing the signed document that you have, and ask how to proceed. This will make it binding. Be sure to check which documents you need to have notarized. It is not uncommon for the court to require this,

    But, the signed document that you have is sufficient to claim the child as dependent when you file income taxes.  

    Check with your health insurance company.  You need to see what is needed to add child to your policy.

    I hope this turns out well for all involved. Good luck!


  5. what you signed was an agreement that you take care of her son. in other words, he is in the care of his grandmother. you are responsible morally but not legally.

  6. Not binding in any jurisdiction I'm aware of, judge has to rule on it in court.

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