Have you ever wondered what a California court does with agreements made by the parents regarding California custody matters? Would a California judge accept the agreement, reject the agreement, or, even acknowledgement the agreement? In my California Family Law Practice, I am constantly asked by prospective clients whether a California judge would allow the prospective client to introduce evidence of the parties’ previous agreement regarding custody. Does this sound familiar: “I, Father, agree to terminate all my parental rights to our child if Mother agrees to never ask me for child support?” After the agreement is put in writing, the parents complete the ceremony by going down to the local notary’s office and have the document notarized by both of them. Fast forward one year from when the agreement was notarized, father has a change of heart and wants to be in the child’s life. Mom, relying on the notarized document, refuses to allow any contact between father and child. Consequently, the father is forced to resort to the court for assistance. Consequently, father files a motion with the court asking for joint physical and joint legal custody of the child. What do you think? Will this agreement be upheld by the Court? Continue reading →