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Why can't child custody matters be settled in prenups?

A prenuptial agreement can be a good tool for two people to utilize to make important financial and property-based decisions before they get married. Prior posts on this Florida family law and divorce blog have outlined the requirements individuals must fulfill to make prenuptial agreements and the ways that prenups may be rendered invalid. This post will discuss one important topic that cannot be addressed in a prenuptial agreement: child custody.

The custody of children is a delicate issue that can take time and consideration to work through. Because prenuptial agreements are made before individuals get married, it is entirely possible that any custodial decisions that they would try to make would be applicable to only hypothetical children. As child custody matters must involve considerations related to the best interests of the children, it is impossible for people to anticipate their unborn children's needs and interests before they have come into being.

Additionally, the provisions that individuals may attempt to place in their prenups regarding child custody may not be in accordance with the laws courts must follow when deciding matters of custody. For example, an invalid portion of a prenup may state that the mother should retain physical custody of any kids that the couple has during their marriage. If, however, the couple does have children and later decides to divorce, a court may not be bound to give the mother custody if she is abusive or otherwise unfit, for example.

Prenuptial agreements can detail certain marital and divorce-related topics. They cannot address matters related to children, such as custody or support. Divorce and family law attorneys can attempt to answer additional questions that readers may have about what may and may not be included in their prenuptial agreements.

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