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knwheaven · Jan 27, 2009, 02:28 PM

I am a single parent who plans to join the military. As hard as it is, I understand I must sign custody away while I am away. However, I have spoke to several attorneys who speak of arranging an agreement. My question is: would that be the same as me typing up a formal agreement with my mom(who will care for my child), sign it and get it notarized. I was told it is not a court case. If someone can offer answers or advice, it will be appreciated.

JudyKayTee · Jan 27, 2009, 02:33 PM

Originally Posted by knwheaven

I am a single parent who plans to join the military. As hard as it is, I understand I must sign custody away while I am away. However, I have spoke to several attorneys who speak of arranging an agreement. My question is: would that be the same as me typing up a formal agreement with my mom(who will care for my child), sign it and get it notarized. I was told it is not a court case. if someone can offer answers or advice, it will be appreciated.

You are asking about a very serious issue (obviously) and that is the custody and control of your child when you are unable to be there for him/her. Don't make arrangements without an Attorney. This is too important to risk making a legal error.

Go to ONE Attorney, someone you trust and have good rapport with and execute an Agreement and have it filed.

Don't try to do this yourself because you may very well be sorry at some future time.

Fr_Chuck · Jan 27, 2009, 02:58 PM

First why do you have to sign custody over, I know many service people who merely give their parent a power of attorney, medical power of attorney that allows the parent to take care of the child in your abstense.

In fact my own granddaughters are watched by their grandmother and have been for a few years while their daughter is off in service.

Also notarized is merely a legal witness it proves who signed it, does not make it any more legal.

But I would have an attorney take care of it.

knwheaven · Jan 27, 2009, 03:30 PM

Well custody has to b signed over for when I am away from my child. An attorney actually told me to contact the base legal office to get in contact with JAG offices. I told the man(base legal office) my situation, and he suggested to write a formal agreement to have notarized. The JAG services were suppose to help with my situation, but I am not active so they couldn't. For an attorney to look over my situation and write up an agreement will run me $500 (and that's without going to court). What am I to do?

JudyKayTee · Jan 27, 2009, 03:37 PM

Originally Posted by knwheaven

Well custody has to b signed over for when I am away from my child. An attorney actually told me to contact the base legal office to get in contact with JAG offices. I told the man(base legal office) my situation, and he suggested to write a formal agreement to have notarized. The JAG services were suppose to help with my situation, but I am not active so they couldn't. For an attorney to look over my situation and write up an agreement will run me $500 (and that's without going to court). What am I to do?

You don't need to go to Court - it's simply an agreement that the Attorney prepares and witnesses - unless someone else is legally entitled to custody, for example, the other parent of the child. If that parent pursues custody and is not a risk to the child, I see that other parent obtaining custody. This scenario has been posted before.

All a notary does is swear that he/she has seen your ID and the name you sign is, in fact, yours. It does not make a document legal, sufficient and/or binding.

If the Attorney has quoted $500 for a simple agreement, I'd find another Attorney.