A prenup can benefit both individuals in a marriage, ensuring their rights and assets are protected. While many subjects can be addressed in this document, issues pertaining to shared children are generally not permitted. Any attempt to include child custody in a prenup will generally be overruled during the divorce process. For representation and to ensure your parental rights are protected speak with a Suffolk County child custody lawyer today.
What is a Prenup?
A prenup, formally a ‘prenuptial agreement’ is a document that two individuals can create and sign before they get married. It is a written contract that details how certain subjects will be handled in the event of a divorce. Topics that can be addressed in a prenup include:
- How assets and debts will be divided between spouses
- Alimony agreements
- Financial responsibilities of each spouse
While no one goes into marriage planning for divorce, it can be beneficial to create a document determining certain aspects of a potential separation. However, not every divorce decision can be included in the prenuptial agreement.
Is it Possible to Address Child Custody in a Prenup?
While you are within your rights to include information about child custody in a prenup, it is not enforceable. Any custody information will be disregarded during divorce proceedings and a new arrangement will be determined.
Neither custody nor child support issues will be considered legitimate. These provisions violate public policy and only a court has the authority to approve agreements related to children in a divorce.
Individuals may attempt to use a prenup to waive one parent’s right to visitation or evade financial support obligations. A court would never approve of an agreement that prevented the child from having a relationship with their parent or that could leave them in a poor financial situation. For this reason, all child support and custody agreements made in a prenup are deemed invalid.
How Does Custody Get Decided?
Custody can be determined in one of two ways. The parents can come together to create their own arrangement detailing who the custodial parent will be, when they will alternate custody, and more. This can be done on their own or through an alternative dispute resolution technique like mediation or arbitration. If they can create a mutually satisfactory agreement, they can have it reviewed and approved by the court.
If the parents cannot come to an agreement the issue will be resolved through litigation and a court will rule on the details of the custody arrangement. In either scenario, the court will consider the best interest of the child before making a final decision.
Contact a Skilled Family Lawyer
At Peter V. Mandi and Associates, we understand the delicate nature of the divorce process. It is crucial for any parent to ensure the well-being and happiness of their child. For additional information on child custody and to learn more about the benefits and limitations of a prenuptial agreement, reach out to an experienced attorney today.
