Notarized Custody Agreement in Texas

Child custody is a pivotal issue for parents navigating separations or divorces. Amidst this, parents often wonder about the legal weight of notarized custody agreements. In Texas, family law has specific provisions concerning child custody agreements. This article will address the significance of notarized custody agreements in a Texas court.

Understanding Notarized Custody Agreements

A notarized custody agreement is an informal written document that outlines the terms of child custody between two parties. While this document is signed in the presence of a notary public, who verifies the identities of the signatories, it remains an informal agreement that captures the intentions of the parties at the time of signing.

The Legal Implications of Notarized Custody Agreements in Texas

Regardless of notarization, informal custody agreements, including those that are notarized, do not have legal binding power in Texas. In legal terms, “standing” refers to the legal right of an individual or entity to file a lawsuit in court. In the context of child custody, standing determines who has the right to bring a custody suit before the court. Not every individual has the automatic right to seek custody; they must first meet specific criteria established by Texas law to demonstrate a significant relationship with the child or a particular interest in the child’s welfare. The standing requirements for custody agreements remain consistent, whether they are notarized or not.

Here’s why:

  1. Best Interests of the Child: Texas courts prioritize the child’s best interests. An informal agreement, even if notarized, will be subject to court review to ensure it aligns with the child’s welfare.
  2. Enforceability: Informal custody agreements, irrespective of notarization, are unenforceable in Texas courts. For an agreement to be legally binding and enforceable, it must be approved by the court.
  3. Comprehensive Evaluation: Informal agreements might miss out on crucial aspects of child custody, such as visitation rights, financial obligations, and decision-making responsibilities. Courts ensure a thorough review to cover all essential facets.


While a notarized custody agreement might document the mutual intentions of both parties, it remains an informal agreement without legal standing in Texas. Parents are advised to seek legal counsel and aim for a court-approved custody order to ensure clarity, enforceability, and the safeguarding of the child’s best interests

To discuss retaining our firm for your divorce or child custody case please schedule a consultation with us today.