Will a child support/visitation agreement still be legally binding if you write up your own?

UPDATED: Jul 29, 2011

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Will a child support/visitation agreement still be legally binding if you write up your own?

My boyfriend and his children’s mother have no type of written agreement concerning their children so she feels that she can “run the show.” I suggested that they should draw up and sign some type of agreement so as to prevent the childish shows that happen all the time. I can go into more detail if necessary but I really just need to know if an agreement is written and they both sign it as well as get it notarized, will it be a legally binding contract even though a lawyer was never consulted or involved? Will it hold up in court, if it comes to that? Is a lawyer required in this type of situation or can we handle this at home?

Asked on July 29, 2011 Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the written agreement is written up in a clear and concise way setting forth the terms of the child support and visitation agreement it should be legally binding in the vent of a dispute even if it is written up by the agreeing parties without a lawyer's involvement in it.

To be on the safe side, the agreement should be initialed on every page by the parties who sign and date it. Their signatures should be notarized to prevent any future issues that one did not sign or initial the documents.

Additionally, if there is already a court filing as to the dispute, the agreement should be filed with the court and an order from the judge declaring the written agreement as the standing agreement between the parties should be issued and filed in the case.

Good question.

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