It is not possible to determine child custody arrangements in advance in a prenuptial agreement, because in the event of a divorce the courts will have to make such decisions in the best interest of the child. The court will not be bound by prior agreements between the parties if they determine that the agreed arrangement is not in the best interest of the child. The parties can agree but if the court disagrees with that arrangement it will simply disregard it.
Can A Prenuptial Arrangement Deal With Stepchildren?
Where stepchildren from a prior relationship are involved, the natural parent of the children will want to make certain that any support obligation he or she has towards those children are expressly recognized and provided for as a legitimate community property expenditure. Arrangements can also be made regarding custody of the step-children; if the wife has custody of her children from a prior relationship, she may want to negotiate an agreement with the husband regarding the fact that the children will continue to live with them. They can also decide what the monetary arrangements will be and what obligations the new husband would have toward those children and so forth.
Can A Prenuptial Agreement Protect Children?
It can protect children by insuring the custodial generous or at least reasonable spousal support arrangement. This will allow the spouse who is going to acquire custody of the children to have sufficient support for herself or himself, so that they have an opportunity to spend time with the children, and not be so financially strapped that it will affect the relationship with the children. Courts do not generally not allow parties to agree in advance regarding arrangements directly affecting children, either custodial or support, because those decsions remain within the discretion of the judge.
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