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Can Child Custody Be Included In a Prenuptial Agreement?

father and son playing with toy car

When preparing for your marriage, you may want to protect your assets and your family, especially if this is not your first marriage. For an added layer of protection, you can create a prenuptial agreement with your spouse and an attorney to best protect your interests in the event of divorce or death without a will. But did you know that you can’t include everything you may want to in a prenup? Our Bartow prenuptial agreements attorney shares if you can protect the custody of your children in a prenuptial agreement.

How Child Custody Is Determined

Child custody and support are determined at the time of the divorce by the individual parents’ capabilities for the care of the child. As a result, you cannot include custody of your children in your prenuptial agreement because the courts will want to look at the current situation at the time of the divorce to award custody. However, while a couple may not be able to include custody and child support in their premarital agreement, they can still protect their children’s interests in their prenup.

What Can Be Protected In A Prenup?

While your prenup is unable to protect your child custody interests, your premarital agreement can protect:

  • How assets will be divided in the event of divorce or death without a will,
  • How assets will be protected during the marriage,
  • If alimony will be paid,
  • How finances will be split, and
  • Other interests a couple may have about their finances or property.

While a couple cannot include child custody in their prenuptial agreements, they can include bank accounts or property that should be set aside for the children to protect those assets. If one member of the marrying couple is a single or divorced parent, they can also include savings accounts such as a college savings account or inheritance for the child in the prenuptial agreement for extra protection.

Bartow Child Custody Attorneys

At Advocate Law Firm, P.A., we understand that you want to protect your children as best you can when it comes to divorce or remarriage. We can help you protect assets you wish to give to your children and prepare for the event of a divorce or death with a premarital agreement.

Are you seeking to protect assets you wish to share with your children prior to your marriage? Schedule a consultation with our family law attorney by calling (863) 644-5566 or using our online contact form to learn more about how we protect your family.