Integrating Legal Knowledge: Understanding Notary Custody Agreements in Special Education Contexts

As we strive to educate parents, educators, and the public at large about the vital role legal agreements play in supporting children with special needs in their educational journey, we are pleased to promote this essential resource: Notary Custody Agreements Demystified: A Simple Breakdown. In this article, we are reminded of the importance of the notary custody agreement, an essential agreement for divorced parents, requiring the signature of a notary public. As explained in the linked article, the notary custody agreement is a formal agreement executed by parents granting one parent legal custody under the laws of that state. The purpose of this agreement is to ensure that each parent has the same authority over the minor child so that one parent does not deny the other’s rights to make decisions for the child or make decisions that are contrary to the interest of the child. This can be a special concern when one or both parents live in a different state than the minor child, or where the parents are divorced, or where one parent is absent. Worse, it can occur where one parent has been granted full legal custody of the child, and continues to deny that the custody has shifted to both parents equally for the purposes of parenting and educational planning. It is ironic, given the amount of grief I have witnessed parents and educators give me for the notary custody agreement requirement, that parents have no problem with the process when it applies to family members outside of the educational context. The issue arises only in the context of special education. This is very troubling, and we believe it important to breakdown the pros and cons of the notary custody agreement for parents, educators, and support staff. In fact, after reviewing the linked article, parents may wish to review materials on the special education laws for their child’s specific geographic location. This will help them identify areas of understanding, and misunderstanding, that may exist. Additionally, educators and other support personnel will benefit from such training, as well as from an overview of relevant legal concepts, such as the notary custody agreement so often challenged. Education law is rapidly evolving, and must be looked to frequently to ensure a consistent grasp of special education issues as they arise. Instead of shying away from the notary custody agreement as has been the case for many in recent years, parents, educators, and others should embrace the agreement and ensure that they have a thorough understanding of it-and its purpose, advantages, and versatility.