The following is [my] lawyer Fu's speech on September 3, 200510: 33: 00.
On June 26th, 2004, 65438+20041October 26th, both parties signed the guardian change agreement privately, and the latter notarized agreement shall prevail.
[/quote]
However, the agreement was not notarized by the notary office. Does it have legal effect?
It is acceptable to change the guardianship agreement, and notarization does not affect its effectiveness. It is also acceptable for one party to bear the agreed expenses, but the effect of this clause is not absolute. When the undertaker has serious difficulties and other special circumstances, he may ask the other party to bear the responsibility. However, the prohibition of prosecution is invalid. If the mother's whereabouts are unknown, the father should bear the responsibility of guardianship and can sue. Of course, it is necessary to find out her whereabouts. You can also apply for declaring missing or dead in the future according to law. The crime of abandonment can be considered, but from the situation described, it is uncertain whether the mother's whereabouts are unknown and the reasons are unknown.
The following is [my] lawyer Xiao's speech on September 3, 200514: 3100.
It is acceptable to change the guardianship agreement, and notarization does not affect its effectiveness. It is also acceptable for one party to bear the agreed expenses, but the effect of this clause is not absolute. When the undertaker has serious difficulties and other special circumstances, he may ask the other party to bear the responsibility. However, the prohibition of prosecution is invalid. If the mother's whereabouts are unknown, the father should bear the responsibility of guardianship and can sue. Of course, it is necessary to find out her whereabouts. You can also apply for declaring missing or dead in the future according to law. The crime of abandonment can be considered, but from the situation described, it is uncertain whether the mother's whereabouts are unknown and the reasons are unknown.
[/quote]
! ! !
According to the current agreement, who should the child live with?
According to the actual situation, children should live with their fathers.