Are custody papers without a judge's signature legal? 20 Answers as of July 09, 2013

Are custody papers that have never been signed by a judge or magistrate legal and binding? What would stop the issuing of signed papers?

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Any court order is enforceable, whether the order is made from the bench or in writing. Any agreement regarding custody that is not memorialized as a court order, is unenforceable.
Answer Applies to: Minnesota
Replied: 8/29/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
It is impossible to answer that question because you haven't really identified what you are talking about. Until a judge actually signs a court order, obviously that paper is just a piece of paper with no legal effect. But, usually only the original copy is signed and in the court file and it is possible that an unsigned copy is, in fact, an accurate copy of what was signed.Thequestion is not whether a paper is "legal" and itdepends on what someone is trying to do with the paper to figure out what other questions need to be asked.
Answer Applies to: Colorado
Replied: 8/29/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
They may not be enforceable if not approved by the court.
Answer Applies to: Connecticut
Replied: 8/26/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I am not really sure what you are asking, but you have some kind of a problem with custody of children.
Answer Applies to: New Jersey
Replied: 7/9/2013
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Need more information. Were the documents issued as a result of a Friend of the Court proceeding. If so, you need to read the document and cover letter that came with it as it might inform you that if you disagree with any part of the recommended order you need to file objections to the order within a certain time period or else it will become the order of the court. Perhaps the original was signed and you just got an unsigned copy, then you need to go to the court clerk's office to see if there is a signed original in the court file. This is why you should hire a lawyer.
Answer Applies to: Michigan
Replied: 8/26/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    No, they are not binding. If there is a court action going on, you simply need to send a letter to the court (copy other parties) that you no longer agree with those papers so you ask they are not signed by the court.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    To be legally binding these documents must be signed by a Judge.
    Answer Applies to: Alabama
    Replied: 8/26/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Custody papers that have been signed by the Parties are enforceable by the courts. The agreement may be able to be set aside. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail, review the papers and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Was the papers based on a hearing where orders were made? If so, then the fact that the judge didn't sign them yet is not an issue.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Papers without a Judges signature aren't orders, so they are not valid or enforceable. Without more information, I cannot say why a Judge would not sign your paperwork.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any court orders that are valid must be signed by a judge. If there are orders in the works at the court and you have not yet intervened in the case, you should file any appropriate response and or objections with the assistance of a skilled family law attorney.
    Answer Applies to: California
    Replied: 8/26/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    I think you mean binding with the force of law/enforceable...no they are not usually.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    A court order must be signed by a judge to be legal.
    Answer Applies to: California
    Replied: 8/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There is no way to get or change custody without an order signed by a judge. Any piece of paper saying it deals with custody that lacks that signature is worthless.
    Answer Applies to: Georgia
    Replied: 8/26/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In order to have a binding court order, you need to have the custody papers signed by the court. If they are not signed custody papers, they are proof of an agreement but they are not enforceable and the police will not get involved if the agreement is not a court order.
    Answer Applies to: California
    Replied: 8/26/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    To be enforceable, custody papers need to be approved by the Court. Without a Judge's signature, all you have is evidence (e.g., intent/agreement).
    Answer Applies to: Washington
    Replied: 8/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Papers that you and the other side have signed could be an enforceable contract that could be converted into a court order by a judge.
    Answer Applies to: Washington
    Replied: 8/26/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    I don't know what you mean by "custody papers", but I can tell you that an order must be signed by the judge and filed with the clerk in order to be valid. This question cannot be answered beyond that with the little bit of information you provided. You need to take the "papers" to a lawyer and discuss your situation in detail in order to get a competent answer to your question.
    Answer Applies to: Georgia
    Replied: 8/25/2011
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