If you and your spouse decide to sign a prenuptial agreement, there are many different things that you can agree to in the event that you divorce. One thing that should not be in that agreement is anything about child custody. This is because child custody simply is not addressable with a prenuptial agreement. You can try to put something about child custody in your prenup, but it will not be legally binding and it is going to get thrown out in court. Instead, you have to work out a separate deal about who gets custody after a divorce. Our Sussex County, Sparta child custody attorneys can help you do that.
Why is Child Custody Not Enforceable in a Prenuptial Agreement?
Child custody is not enforceable in a prenuptial agreement for a few reasons. The first problem is that including this is essentially an attempt to predict the future. You are telling the court that you and your spouse will know what is right for your child years down the road. This is not how deciding custody works.
Another issue is that it is not usually possible to figure out how much money will be needed to raise a child. Taking a guess and hoping that it will hold up because you put it in your prenuptial agreement just does not cut it.
What Can a Prenuptial Agreement Actually Cover?
A prenuptial agreement is primarily meant to protect assets and determine who gets what when a divorce occurs. So a prenup can determine what is done with:
- Family heirlooms
- A spouse’s debts
- Homes and land
Just about anything that can be split up in a divorce can be protected beforehand by a prenuptial agreement. It’s a useful document, just not for establishing child custody, support, or visitation after a divorce.
What Will the Court Use to Decide Child Custody Instead?
Instead, the court will determine who gets child custody by looking at what is currently in the child’s best interest. Both parents who petition for custody will be evaluated. One of our lawyers can help you fight to show that you would be a superior custodial parent if that is what you wish to do.
Who Will End Up Paying Child Support?
Child support would be paid to the parent who gets custody of the child. How much is given in support can depend on a few different factors, like the wealth of each parent. There is also no legally binding way to prepare a child support agreement in a prenup. However, couples can get together and negotiate a child support plan of their one. It just needs to be approved by the court.
Schedule a Consultation Today
When you are ready to fight for child custody, know that you do not have to do it on your own. Contact Paris P. Eliades Law Firm, LLC and schedule a consultation today. We would love to tell you more about how we can be of assistance