Legal Question in Family Law in South Carolina
Notarized custody statement
Is joint parental notarized statement to transfer legal custody to kinship relative legal binding document? Can this be revoked by one of the signing parents?
2 Answers from Attorneys
Re: Notarized custody statement
It is NOT a Court Order, which is what you need and what can be enforced if a party does not comply with its terms. The notarized document may be evidence of intent to do something (or not do something), but it is typically not binding or enforceable.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: Notarized custody statement
No, one doesn't legally transfer the custody of children in this manner to have any binding effect.
(Only a court of proper jurisdiction is legally empowered to make such determinations.)
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