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temp custody - FAQ

Can I live with my mother now if I'm 17 but my father had a temporary custodyagreement over me from 2 years ago?
You said there was a temporary custody agreement two years ago. Why was itnever finalized But since it wasn’t finalized then it’s open and yourparents could go back to court to have it make a permanent order. You don’tsay whether or not your father agrees to you living with your mother but ifhe does then it’s really a pretty simple matter to have it become permanent.If he doesn’t agree your mother could still bring it to court and ask thejudge to make a ruling that would allow you to live with her.
If a child is given temporary custody by parents but agreement is notarized,will it hold up in court?
Parties to an action need to stop coming up with this “notarized agreement”nonsense and use the Stipulation. When a judge exercises jurisdiction over thecustody and control of a child the judge controls not the Parties.The closest Parties can get to having an agreement reduced to an enforceableorder is by written Stipulation which must be filed and approved by the Court.An agreement between Parties stipulated to in writing can be produced to theCourt which will then review the agreement to ensure it is consistent withapplicable law and approve it or reject it as contrary to public policy e.g.in a child custody matter contrary to the best interests of the child.Nanci Jean provides an excellent example as to why people can’t just “givecustody” of children to other persons. Children aren’t property. Childrenaren’t slaves. Parents don’t own their children. Involving a notary doesn’tmagically make this okay.
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