During a divorce, one of the most important things to consider is how the new reality will impact any children that the couple share. Custody schedules and support plans are crucial in ensuring the security and healthy development of the kids. While a prenuptial agreement can be beneficial for various reasons, child custody agreements cannot generally be included. For more information on what you can and cannot include in a prenuptial contract, acquire the services of a skillful prenuptial agreement attorney in Mountainside.
What’s a Prenuptial Agreement?
A prenuptial agreement, or informally a prenup, is a legally binding document between two individuals who are getting married. With the help of legal representation, the couple will make decisions about what will happen if they decide to get divorced later on in life.
The contract should include information about property distribution, division of debts, alimony, and more. While the decisions made in a prenup are typically enforceable, some topics are off-limits.
Can Child Custody Be Included in a Prenuptial Agreement?
While anything can be written in a prenup (given that both parties agree), not every subject is enforceable. Child custody, visitation, and child support stipulations included in a prenuptial agreement cannot be legally enforced. Only a judge can rule on the details of an agreement impacting a child during divorce.
When two parents divorce it can have a significant negative impact on a child’s growth and development. The most important aspect of any decision is to ensure that the best interests of the child are kept at the forefront. When a couple includes custody information in a prenup they may not agree to a situation that offers a good environment for the child or that allows them to maintain healthy relationships with both parents.
How Can Child Custody Be Determined?
So if you can’t include a custody provision in your prenup, how does it get decided? There are a few ways to create a custody agreement but they all end up in the same place – court.
You and your spouse can draft your own custody agreement. After all, who knows the ins and outs of your schedule better than you? If you have a relationship that allows you to collaborate then you can create a unique and flexible custody agreement that works for your family. This can be accomplished on your own or through an ADR (alternative dispute resolution) like mediation. Once an agreement is finalized you will submit the document to the court. A judge will assess the details of the agreement to determine if it is fair and in the best interest of the child.
If you have a volatile relationship with your ex or simply cannot come to an agreement, you will have to go to court. There, after examining the details of your schedules, background, and parent-child relationship, a judge will create a custody plan.
Regardless of the path that is taken to achieve a successful arrangement, the final decision lies in the hands of a judge. A court will always bear in mind what is best for the child’s happiness, development, and overall well-being.
