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Child custody and prenuptial agreements

On Behalf of | Dec 15, 2017 | Prenuptial Agreements

Prenuptial agreements are one of the most under-appreciated, under-utilized legal tools that couples have have available today. When used correctly, these agreements relieve many of tensions that threaten to destroy marriages and strengthen them for the long haul. Unfortunately, their negative reputation arises out of the ways that some people may attempt to use them unfairly. One particular area of family law that prenuptial agreements generally do not include is child custody terms.

While it is possible to use a prenup to reserve certain property for a specific child, courts do not usually let parents predetermine the terms of child custody or support because they are not terms that parents can control. These issues are up to the courts to decide in almost all cases, and no court is likely to uphold provisions in a prenuptial agreement that seek to override the court’s power.

This is especially true in cases where a prenuptial agreement attempts to deny a child access to a mentally fit parent or deny child support that he or she deserves. If a prenuptial agreement does deal with these issues, then a court may either ignore those portions of the agreement that deal with child custody and support, or may scrap the agreement altogether.

If you need help protecting the child you love, be sure to speak with an experienced attorney who can help you understand your legal options and build strong strategies to provide the best life you can for the child you love regardless of the success or failure of your marriage.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Dec. 15, 2017