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Can I address child custody in a prenuptial agreement?

If you’re getting married, starting a family has probably crossed your mind. If you’re considering having children in the future, you might be concerned about how you protect your parenting time in case of unforeseen events like divorce. This often leads couples to question if they can include child custody terms in their prenuptial agreement. Although you can resolve potential issues by including specific provisions in this legal contract, there are limitations to the issues you can address. Please continue reading to learn what issues you can handle in a prenuptial agreement and how a competent Ocean County Prenuptial Agreement Attorney can help you today. 

Can I add child custody provisions to a prenuptial agreement?

Firstly, a prenuptial agreement is a legal contract created before a marriage takes place that stipulates who gets what in the event of a divorce. Prenuptial agreements are often used to handle financial decisions, addressing asset ownership and other issues. While many couples want to protect their parental rights through this legal resource, a prenuptial agreement cannot address child custody.

The primary reason why couples cannot add child custody provisions to this legal contract is that it could be unfair to a future child. During a divorce, the court will consider numerous factors to establish a custody arrangement that safeguards a child’s emotional, mental, and physical well-being. The court prioritizes a child’s best interests. In most cases, the court believes that it is in a child’s best interest to benefit from having a relationship with both of their parents. However, this may not be possible if one parent cannot meet a child’s needs or provide a safe and stable living environment. Therefore, if a parent were to waive their parental rights in a prenuptial agreement, it could have a negative impact on their future child’s well-being, as it could result in joint custody with an unfit parent.

What can I address in a prenuptial agreement?

While you cannot address child custody in a prenuptial agreement, you include other provisions that can mitigate the risk of future conflict over the terms that will apply to the termination of your marriage in the event of a divorce. Prenuptial agreements can be beneficial as they can address asset ownership. Property division is one of the most contentious issues couples face when divorcing. As such, a prenuptial agreement can stipulate what assets are considered separate property, ensuring your hard-earned assets are safeguarded during this process. It can also ensure you receive a fair portion of your marital assets. Furthermore, it can protect you from future debts and liability.

As you can see, while you cannot address child custody in a prenuptial agreement, you can still benefit from creating this legal contract. If you’re considering a prenuptial agreement, please don’t hesitate to contact the trusted attorneys from the Law Office of Sarina Gianna, LLC. Our firm is prepared to help you take the necessary steps to protect yourself from an uncertain future.