You may have a personality that makes you overzealous in planning every aspect of your life, especially when preparing for a major life event such as getting married. Specifically, before exchanging vows, you may want to draw up a detailed prenuptial agreement that protects you in the unfortunate event of a divorce. With this, you may prefer such details to extend to how custody arrangements should be handled for your children who are yet to be born. Well, continue reading to learn whether it is possible to include such child custody arrangements and how one of the experienced Bergen County prenuptial agreement attorneys at McNerney & McAuliffe can help you execute this document validly.
Can I include child custody arrangements in a prenuptial agreement?
While you can include child custody arrangements in your prenuptial agreement, the effect may not serve you any good. This is because the New Jersey family court is more than likely to rule this part of the agreement as legally unenforceable in the unfortunate event of your divorce. The court is charged with the authority to make the final determination on this arrangement, which is grounded on what it believes to be in your child’s best interest. Therefore, your preselected provisions may potentially go against the court’s primary concern for your child.
With that being said, it may be more realistic to settle these custody arrangements through a legal parenting plan, should you and your spouse ever undergo divorce proceedings. Essentially, this is a written agreement on how you and your spouse should participate in your child’s education, healthcare, religious upbringing, and decision-making after your separation or divorce. This plan becomes a legally binding order once the court approves it.
How are custody arrangements determined in the event of a divorce?
To reiterate, the New Jersey family court may determine your custody arrangement based on what is in your child’s best interest. Without further ado, the court considers the following factors before making their final ruling:
- Your and your spouse’s age, physical health, and mental health.
- Your and your spouse’s financial standings and earning capacities.
- Your and your spouse’s ability to provide your child with a safe, stable home life.
- Your and your spouse’s history of child neglect, abandonment, abuse, or domestic violence, if any.
- Your child’s preferred custody arrangement, if they are of a mature enough age to express this to the court.
It may be worth mentioning that the court may very much consider your and your spouse’s willingness to be in your child’s life. This may have been expressed in your prenuptial agreement, making this a unique instance where it becomes a relevant factor in the matter.
At the end of the day, if you have any lingering doubts about your prenuptial agreement or upcoming divorce case, a skilled Bergen County family law attorney can help relieve them. So whenever you are ready to get started, please reach out to McNerney & McAuliffe.
