In family law, there is a common misconception that a signed agreement for custody and visitation signed by the parents is the same thing as a “legal” custody arrangement. While a signed agreement for custody is a powerful piece of evidence, its enforceability in a Wagoner County family law courtroom depends entirely on its status with the court. Here is what you need to know about using a copy of a signed agreement for custody in a child custody hearing.
Agreements vs. Court Orders: The Key Distinction
The most important thing to understand is that an agreement between parents is not a court order. * The Agreement: This is a contract between two people. While it shows “intent,” law enforcement cannot enforce it. If one parent decides to stop following a notarized piece of paper, the police typically cannot intervene because no judge has commanded the parties to act.
- The Court Order: An agreement only becomes enforceable when a judge signs it and it is file-stamped by the Court Clerk. At that point, and only after the judge signs it, violating the agreement becomes Contempt of Court, which carries legal penalties.
Is a “Copy” Admissible as Evidence?
If you are heading to a hearing and only have a photocopy or a digital scan of the signed agreement, you might worry about the “Best Evidence Rule” (which generally prefers original documents).
Under Oklahoma Statutes Title 12 § 3003, a duplicate is generally admissible to the same extent as an original unless:
- There is a genuine question about the authenticity of the original (e.g., one parent claims their signature was forged).
- It would be unfair to admit the duplicate instead of the original under the specific circumstances of the case.
In most modern Oklahoma custody hearings, a clear photocopy or high-quality scan of a signed agreement is accepted by the court to show what the parents previously intended.
The Role of the “Best Interests” Standard
Even if you have the original, signed, and notarized document, an Oklahoma judge is not legally bound to follow it.
In child custody cases and divorce, the court’s primary duty is to determine the “Best Interests of the Child.” A judge will review your signed agreement and may approve it, but they have the authority to reject or modify it if they believe the plan does not serve the child’s well-being. The agreement serves as “persuasive evidence” of what the parents thought was best at the time it was signed.
Why You Should Formalize Your Agreement
If you have a signed copy of an agreement that hasn’t been turned into an order, you are in a vulnerable position.
- No Contempt Power: You cannot file a Motion for Contempt to force compliance.
- Modification Risk: Without a court order, there is no “baseline” for the court to look back on if one parent suddenly wants to change the entire schedule.
- Police Intervention: As mentioned, police generally require a certified court order with a judge’s signature before they can assist with the return of a child.
Summary Checklist for Your Agreement
- Is it signed by both parties?
- Is it notarized? (This helps prove authenticity if only a copy is available).
- Has a “Petition” been filed? You must have an active case (Divorce, Paternity, child custody, or Legal Separation) for a judge to sign the order.
- Does it have a Judge’s signature and a Clerk’s file stamp? If not, it is a “contract,” not an “enforceable order.”
Call a Wagoner County Child Custody Attorney
If you are facing a child custody issue its time to get help from a child custody attorney who is in your corner. A Signed Agreement For Custody and visitation is not enforceable unless the order is signed by the District Court judge in the county with proper jurisdiction. The Kania Law Office – Wagoner Attorneys child custody attorneys offer years of experience to aid you in your case. Get a free consultation by calling us at 918.283-7394. You can also ask a free online legal question by following this link
