Whether you currently have children or are hoping to become parents in the future, it is important to understand the abilities and limitations of a prenup before you get married. If you’re wondering whether prenuptial agreements can include the terms of child custody, continue reading for more information and speak with a Montgomery County divorce lawyer for skilled legal advice.

What is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legally binding contract that two people enter into before getting married. Prenups allow a couple to define how their assets, debts, spousal support, and other relevant financial matters will be handled in the event of a divorce.

Prenuptial agreements provide clarity and prevent disputes later on if the marriage deteriorates and the couple are not on good terms. It can help protect each spouse’s financial interests, like property, business ownership, inheritance, and more.

Can Prenuptial Agreements in PA Include Child Custody Terms?

As established above, prenuptial agreements are designed to outline how financial issues will be handled in a divorce. Child custody, however, is not one of those eligible topics. Child custody terms cannot be included in a prenup in Pennsylvania.

During a divorce or separation, family courts prioritize the child’s best interests at the time. Agreements that the parents made possibly years earlier are not enforceable as they are likely not relevant to the child’s actual needs. There is no way for a couple to accurately predict the circumstances they and their children will be in at the time of a future separation or divorce. If child custody was included in a prenup, it likely does not reflect the true best interests of the child.

Child support, while financial in nature, also cannot be included in a prenuptial agreement. Child support is the child’s right, and decisions on the terms cannot be made by the parents. Only a state court can accurately determine a fair amount of child support to award.

How is Child Custody Determined in PA?

You may be wondering if child custody can’t be included in a prenup, then how is it decided? Only a Pennsylvania state court can make final decisions regarding child custody arrangements. The court will consider the following factors.

  • Which parent is more likely to ensure the safety of the child
  • Present and past abuse committed by either parent or someone who lives with either parent
  • The parental duties performed by each parent
  • The child’s need for stability and continuity
  • The availability of extended family
  • The child’s relationship with their siblings
  • The preference of the child, depending on their age and maturity
  • Attempts of either parent to turn the child against the other
  • Which parent is more likely to provide for the child’s emotional needs
  • Which parent is more likely to provide for the child’s daily physical, emotional, developmental, educational, and special needs
  • Where the parents live in relation to each other
  • Each parent’s availability to care for the child or ability to make child care arrangements
  • The level of conflict between the parents and their willingness and ability to cooperate with each other
  • Any history of drug or alcohol abuse of either parent or a member of either of their household
  • The mental and physical health of either parent or a member of either of their household
  • Any other factors deemed relevant by the court

If you have questions or concerns about your rights and responsibilities as a parent during your divorce, reach out to an experienced family lawyer today.