Can I Include Child Custody in a Prenup?

A prenup can help you protect your interests in many different things in the event of divorce, but child custody isn’t one of them. If you want to protect your interest in property, however, a prenup is a good way to do it.

There are two very common misconceptions about prenups: 1) They eventually cause a divorce and 2) you can outline the full terms of your divorce with a prenup. Our topic concerns the latter of these myths because child custody (and child support, for that matter) are both issues handled during divorce that can’t be pre-determined with a prenup.

The reason for this is actually pretty simple: The courts decide child custody and child support according to the best interests of the child, and these interests don’t always align with one or both parents’ interests. In ruling for the child’s best interests, the court seeks to make decisions that can protect the child from harm and allow them to grow up in a loving home.

It also wouldn’t make sense to pre-determine which parent gets custody, how much, and what child support would look like potentially years into the future. The situation becomes more preposterous if a couple has yet to even have children – in this case, there are no interests but the parents’ to consider, and that’s simply not how it works.

We Can Help with Your Prenup

Whether you are drafting prenup or need representation when presented with one by your soon-to-be spouse, Tinny, Meyer & Piccarreto, P.A. can help. Provisions about child custody and child support can actually invalidate the entire prenup, which is an important consideration to keep in mind.

For more information or to request legal support, contact us online now.