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The National Notary Bulletin

May I Notarize A Child Custody Transfer Document For A Parent?

By David Thun on September 10, 2014

NNA Hotline Tip Logo

Can I notarize a document transferring custody of a minor from the mother to the father? — C.G., Corona, CA

Yes, you can notarize signatures on documents for any signer, provided that you have proper notarial wording for the notarization and all other requirements for notarization are met.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

David Thun is an Associate Editor at the National Notary Association.

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

 

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27 Comments

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sjblock@icloud.com

15 Sep 2014

Cant' wait for the next issue.

Maria Jimenez

18 Sep 2014

What would be the proper notarial wording?

National Notary Association

18 Sep 2014

Hello Maria, Thanks for your question. The notarial wording used would depend on the notarial act requested and would have to be acceptable under the laws of your state or territory. If you have additional questions on this topic, please contact our Hotline counselors at hotline@nationalnotary.org and include the state you are commissioned in, and they will be happy to assist you further. Have a great day.

David Helms

22 Sep 2014

interesting

Ghazanfar Ali Qureshi

11 Nov 2014

Thanks David for updating our knowledge. Ghazanfar Ali Qureshi

Dianna Martinez

16 Apr 2015

That is interesting - I would think that it would require a judges order. Would like to know if it matters if the child and parent are in different states - which state law takes precedence.

Janis Standish

16 Apr 2015

My ex and I had this situation when our daughter was a teenager. I drafted a letter to the court using their guidelines making sure to address the issues of visitation and child support payments. I printed 3 copies (mine, his & the court's) and we each had our signatures notarized (different states) and sent the court's copy to Friend of the Court and did not have to go before a judge. All was good as far as they were concerned.

LGH

16 Apr 2015

I have notarized the transfer of minor children from one parent to the other. Some parents do not need an arduous court battle to settle on the best interests of the children.

Doris Esquvel

18 Apr 2015

Hello, I would like to now we're I can get some forms such as medical PGA, POA, living get will, will, so that the blanks can be filled in? And regarding fees, how much can I change per document.?

National Notary Association

20 Apr 2015

Hello Doris. Nonattorney Notaries are not authorized to provide advice regarding legal documents to signers and may not select a legal document on behalf of a signer. If you are not an attorney or other authorized legal professional, it would not be appropriate for you to provide power of attorney forms or other legal documents to signers. The maximum fee you may charge for notarizations is determined by your state's law. If you can let us know what state you are commissioned in, we'll be happy to provide you with that information.

Deanna R. Jones

09 Jul 2015

It's good to know that it's possible to notarize a document that will allow custody to be transferred to the other parent. One of my friends lost custody of her child, even though she would be a better parent when it comes to raising her child. Her ex-husband has more money, so the court ruled that he would be the better choice since he can afford to pay for a better education. He's been having a few problems, so it seems like it would be necessary for a notary to notarize a document that would allow my friend to gain custody over their child. http://www.nanaimofamilylaw.com/en/

Teresa Crue

05 May 2016

If the signer is not sure what notary form to use (acknowledgement or jurat) and he/she asks for both forms to be attached to the same document, can a California notary complete and attach both notary forms?

Jesse

19 Sep 2017

I wanted to find out some information. I'm here in Guam and my daughter is in the care of my mother. She needed a notarized document stating that I give her legal guardianship and full right to act as a parent while I'm here in Guam working. If the letter was notarized in Guam because I'm here, Is that document valid in Hawaii or they would have to get it notarized there as well?

National Notary Association

19 Sep 2017

Hi Jesse. You would need to speak with an attorney familiar with Hawaii power of attorney law to have that question answered.

Antonio Solis

15 Nov 2017

I would like to know to have a consent letter do both parents have to be present?

National Notary Association

16 Nov 2017

Hello. That is a question that would need to be answered by the agency requesting the consent letter.

Lauren Fuller

19 Nov 2017

CHILD CUSTODY DOCUMENTS,

Violete M Rosa

02 Jul 2018

I want to get a simple custody visitation notarized explaining days needs finances. How i would go about setting that up?

National Notary Association

02 Jul 2018

Hello. We're sorry, but any questions regarding preparing a custody document would be legal questions that need to be answered by a qualified attorney.

K.V.Fay

28 Jul 2022

I work at a detention facility in California. A few of the females have came in pregnant. They want to give custody to their family so the child doesn’t go into Protective custody. Is this acceptable? And as a notary am I allowed to? Thanks

National Notary Association

29 Jul 2022

Hello. We're sorry, but any legal questions about the preparation of child custody documents would need to be answered by a qualified attorney. If you are a nonattorney Notary, you may not give signers legal advice about the preparation of their documents.

Tiffany R.

29 Oct 2022

Is it legal to sign a guardianship paper w/out a notary in one state, and it be notarized in another w/out my knowledge?

National Notary Association

31 Oct 2022

Hello. We're sorry, but that is a legal question that would require a qualified attorney to answer.

Bianca Duran

30 Jan 2024

So exactly how should the document be worded, out of Texas for a form stating legal guardianship over a minor child. If both parties agree on it and just needing forms stating to the fact

National Notary Association

31 Jan 2024

Hello. We're sorry, but those are legal questions that would require advice from a qualified attorney.

Patricia Mibb

04 Apr 2024

I was awarded custody of my now 9 year old granddaughter almost 3 years ago. Her father has continued to be a part of her life. I am elder and my granddaughter has many emotional issues that causes serious friction between us. I am wanting to transfer custody to her father. Can we do that legally with just a notarized document here in the state of Tennessee without getting the authorities involved? If so, can we print out a legal document or just write an agreement up between us?

National Notary Association

08 Apr 2024

Hello. Notarization only verifies the identity and willingness of a document signer. We are sorry, but we cannot provide you with legal advice regarding your situation. You will need to contact a qualified attorney to answer any questions or provide advice regarding the preparation and validity of a custody agreeement.

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