Can I Make A Signed Note From My Ex Granting Me Custody Legal?

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I have a signed note from my ex granting me custody of our child.

Is there any way to make that a legally-binding agreement?

granting me custody
Colorado divorce attorney Marlana Caruso


In Colorado, the answer to your question depends on where you are in your case.

Has a previous action (either divorce or custody) been filed?

If so, a motion to modify parenting time would need to be filed. If no prior action between you and the opposing party exists, you will need to file a new action.

I am assuming you are not married; therefore, an action for allocation of parental responsibilities would need to be filed. This is the term used in Colorado for what is commonly known as a custody matter, so please recognize that your state may use different terms.

In either scenario, you would attach the signed note to the filing. As part of your case management, you will need to get a formal parenting plan written up and signed by both of you.

Colorado has these forms available on their state websites, and your jurisdiction may have the same type of information available to you.

Once the parenting plan is filled out completely and signed by both you and opposing party, that information needs to be filed with the court as well to become an enforceable order. Each state has its own requirements for accepting stipulations regarding parenting time.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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