Custody W/Notarized Paper

[nikphd]

My 2 daughters are 15 & 11 that im looking to get back custody of. I raised them since birth up until 2 years ago when the father and i mutually and civily agreed the girls live with him. I did have court ordered primary care and the father joint seeing them every other weekend. When the girls went to stay with him, the father had drawn up a paper reversing everything and we signed it and had it notarized. He also said he wouldnt get me for child support. (When my girls need something, I do provide for them.)
Since living with him, my 11 year old clearly and has stated she wants to come back with me and her father up until recently was okay with this. In his care, she has seen a pschologist and is back there again because the teacher noticed cut marks all over her arm. (The wounds were a week old and it took a teacher to notice this and not the dad and stepmother. )
The doctor also concluded she is in no danger to herself or others, but is being seen on an outpatient basis once a week.
Because she is acting out this way, and wasnt like this prior to her living with dad I need to see where this notarized paper stands. Because now he's not agreeing to her coming to live with me. And because I mentioned she should come live with me, it set him off and now he is taking me for child support. He is doing it to only show he's such a big man and he's pissed. How legal is this notarized paper, and where does it stand? Where do I go from here?

[tbyte]

A notorized paper has no legal standing in family court, except to document that it was your intent at that time to transfer primary custody to the father. But only a court order can modify custody, and you are indicating that such an order never occured.

[nikphd]

Originally Posted by tbyte

A notorized paper has no legal standing in family court, except to document that it was your intent at that time to transfer primary custody to the father. But only a court order can modify custody, and you are indicating that such an order never occured.

Yes, we both agreed to transfer primary custody at the time. And no, we did not take that paper to court to modify custody. At the same time, I cannot just go get my daughter although I wish it was that easy. I know there must be some legal things ill probably have to face. I will be petitioning for custody..im guessing the keyword on the form would be to modify?

[tbyte]

Legally, you probably could just go and get your daughter, though that would doubtless be very traumatic for her. Plus, you should of course check with an attorney and have your current orders reviewed before doing this.
Alternatively, file a motion with the court for the father to return the children to you.