While a prenuptial agreement may seem unromantic, it’s a practical tool to safeguard assets, clarify financial expectations, and potentially prevent future conflicts. Please continue reading to discover whether a prenuptial agreement can include child custody terms, and reach out to a dedicated Suffolk County Prenuptial Agreement Attorney to schedule a consultation today. 

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a prenup, is a legal contract established by two individuals before their marriage. This agreement details the allocation of assets, debts, and other financial matters should the marriage conclude due to divorce, separation, or death.

In New York, prenuptial agreements serve to safeguard both parties in the event of an unforeseen or abrupt end to the marriage. By pre-defining and agreeing upon the handling of financial matters, the likelihood of future disagreements or misunderstandings is significantly reduced. Given the potential complexities of divorce and separation, proactively preparing for such eventualities through a prenup is often a prudent decision for both individuals.

Can a NY Prenuptial Agreement Include Child Custody Provisions?

In New York, prenuptial agreements primarily address financial arrangements and can include provisions for spousal support. However, they cannot dictate child custody.

New York courts retain the sole authority to make final decisions regarding child custody and child support, even if both parties agree to specific terms in a prenup. These decisions are made at the time of divorce, prioritizing the child’s best interests, which cannot be determined years in advance or before a child is born. Therefore, any child custody arrangement included in a New York prenuptial agreement will not be enforceable.

How is Child Custody Determined?

When a couple decides to go their separate ways, the court will consider numerous factors to determine child custody, always prioritizing the child’s best interests. Key considerations include:

  • Who has been the primary caregiver
  • The emotional ties with each parent
  • Parental fitness
  • The mental and physical health of each parent
  • Parental cooperation
  • The employment responsibilities of each parent
  • The financial situation of each parent
  • Each parent’s home environment
  • The educational opportunities available
  • The living arrangements of the child’s siblings (if any)
  • The child’s needs
  • The child’s preference (if mature enough)
  • Any evidence of substance abuse issues
  • Any history of domestic violence, neglect, or abuse
  • Any other factors deemed relevant by the court

It’s important to note that the court may uphold child custody terms outlined in a prenup if they are deemed in the child’s best interest; otherwise, those terms will be considered invalid.

For more information, please don’t hesitate to contact an experienced attorney from The Law Offices of Susan A. Kassel, P.C.