Legal Question in Family Law in Texas

If two people sign in front of a notary a document that they both have come to agreement to is it consider a legal binding document in the state of texas?

Asked on 6/27/13, 4:05 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Unfortunately, you are not giving enough information to truly answer this question.

Since you posted it under family, divorce, child custody, and adoption, I can only assume that it is regarding that subject.

In the State of Texas, in order for a family law matter to be subject to contempt and enforceable by a judge in the future, there must be a legal document that contains specific language that ORDERS the party to do certain things. It must be signed by a judge. Therefore, a notarized statement is not enough. A notarized statement will work as long as the two of you get along. As soon as there is a disagrement and one of you goes before a judge, you will find that you have nothing that a judge can "enforce".

You need to meet in person with a family law attorney and discuss this important topic. If you are a parent of a child, you need to discuss your parental rights in the State of Texas. You can certainly read the TX Family Code which is available on-line for free. Just "goog'e" Texas Family Code. There are some minor changes which go into effect 9/1/2013 that were just enacted by the TX Legislature this session.

It appears that you live in Harris County. I highly recommend Patricia Bushman at 713-807-9405. Her office phone was broken today. Her computer company was working on it today. I don't know if it was repaired. Give her office a call.

Good luck.

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Answered on 6/27/13, 4:19 pm


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