Getting a prenuptial or premarital agreement is commonplace if you or your spouse have a high net worth or a business. Some might even say it is a must. After all, a prenup can not only help protect your premarital assets but also make asset division a smoother process if you and your spouse ever divorce.
Sadly, there are some things that a prenup cannot help you with—and that includes deciding child custody.
What prenups can and cannot help you address
Prenuptial agreements generally only address marital property or asset-related issues. You may also be able to tailor your prenup to address spousal support or alimony. However, prenups cannot cover the following:
- Child custody
- Child support
- Religious upbringing of children
In general, prenuptial agreements may include financial obligations to children from a previous marriage. You and your spouse may include instructions on certain assets given to them or other inheritance. This is different from the monthly child support obligations.
What courts consider in deciding custody
The court has the final say in deciding child custody. The parent with a higher income or a bigger house does not automatically get physical or legal custody. Judges base their decisions on what is in the child’s best interests.
Some factors the court considers are:
- Parent-child relationships
- Parent’s character
- Preferences of the child
- Duties each parent performs
- Parent’s history of drug or alcohol abuse
Understand the complexities of child custody better
As a parent, your child’s well-being and best interests should remain a top priority as you navigate divorce proceedings. Speaking with an experienced divorce attorney can offer greater guidance and understanding to help you protect not only your child’s future but also your rights as a parent and as an individual.
