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Can the custody right of notarial certificate be used

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Can the custody right of notarial certificate be used


        

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  • 2024-06-25 12:00:48

    The change of custody agreement shall take effect immediately after being signed by both parties, and can be brought back to raise the child immediately without further notarization. Generally speaking, it is up to the divorced husband and wife to decide whether to notarize the change of child custody, because the divorce husband and wife can negotiate the change of child custody first, and if the negotiation fails, a lawsuit can be filed; If the agreement for changing the child custody right is concluded after negotiation, or the agreement for changing the child custody right is notarized, it is allowed by law. However, in the end, the court must decide to confirm the agreement for changing the child custody right to have legal effect. Otherwise, the consequences will be borne by the court.
    The Rules of Notarization Procedure stipulates that notarial institutions can accept applications that meet the following conditions:
    (1) The applicant has an interest in the matter to be notarized;
    (2) There is no dispute between the applicants on the matters applied for notarization;
    (3) The matters applied for notarization conform to the scope specified in Article 11 of the Notarization Law;
    (4) The matters applied for notarization comply with the provisions of Article 25 of the Notarization Law and the scope of notarial business that the notary institution can accept in the practice area. The upbringing agreement can be notarized. Both parties reach an agreement through consultation, and the agreement on child custody can be notarized at the notary office. Materials required for custody notarization:
    1. ID cards and household registers of both parties (for collective household registration, the original of the household registration page and the copy of the first page stamped by the unit where the household registration is located shall be provided);
    2. If divorce registration procedures have been completed, marriage certificate, divorce certificate and divorce agreement shall be provided (if the court makes a judgment or mediates a divorce, judgment, mediation statement and legal document shall be provided);
    3. Children's identity documents, birth medical certificates, etc;
    4. If children are born out of wedlock, a paternity test report shall be provided;
    5. The text of the agreement (can be written by the notary office);
    6. Other materials that the notary deems necessary.
    Legal basis:
    If the matters that should be notarized according to the provisions of laws and administrative regulations meet the conditions specified in items 1, 2 and 4 of the preceding paragraph, the notary office shall accept them. The notary office will not accept the application that does not meet the conditions specified in the first and second paragraphs of this article, and will notify the applicant. If the application is not accepted because it does not conform to the provisions of Item 4 of Paragraph 1 of this Article, the applicant shall be informed to apply to a notary institution that can accept the notarization.

    He***

    2024-06-25 12:00:48

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