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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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If my ex and I create and sign a custody agreement (and have

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If my ex and I create and sign a custody agreement (and have it notarized) can I keep it at my house and only file it with the court if/when I feel it is necessary? Or will it not be valid if its not filed for a year or more?
Dear JACUSTOMER - Private agreements are not recognized by the court unless they are in the form of a motion and court entry so there would be no way to file the agreement unless it was a properly prepared court motion and entry. You and your ex can agree to anything you like but if one of you breaks the agreement the court will not enforce it and you cannot simply file a notarized piece of paper that you created. The proper procedure is to file an agreed entry with the court. it does not have to be notarized.
Customer: replied 3 years ago.

So if it was on the proper form/in the proper format could we then hold it and only file at a later date? Or even better, if we had an attorney prepare an agreement and both signed it, could we hold that and only file it if we feel its necessary?

Sure but I'm not certain why you want to wait. If one of you disagrees with the order then that person could object to having it filed. The court would want the agreement to be at the time it was filed. So if you have some valid reason for waiting and trust that both of you will still be in agreement when you want to file it then I see no problem. Even after the order is filed the two of you can agree to something different and the court could care less. The only time the agreement is looked at by the court is when someone breaks it and the other person wants to enforce it.
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