Tuesday, December 8, 2015


Prenuptial Agreements: Can They Protect Future Custody Rights?

Prenuptial agreements are no longer strictly for the wealthy. Many couples are finding prenuptial agreements a helpful option for addressing many monetary issues before marriage. They are beneficial when one or both people have been divorced or have children from a previous marriage, and when one person has a substantially higher income than the other. 

In addition to ensuring monetary safety in the case of a divorce, many couples might wonder if a prenuptial agreement can protect an even more important asset-their parental rights for future children. It is not uncommon for courts to favor mothers in child custody cases, and men are often pushed from their children's lives, only getting two weekends per month and a couple of weekends in the summer to spend with their children. 

Unfortunately, there are no states in the United States that currently allow child custody issues of future children to be determined in a prenuptial agreement. The best needs of a child cannot be adequately determined before that child is born-circumstances can change so drastically in a relationship, and what may seem like the best scenario for a child in the beginning of a marriage might not be best for them ten years down the line. The courts approach child custody on a case-by-case basis, and take into account the current circumstances of each relationship. 

Nevertheless it is unfortunate that a prenuptial agreement cannot protect all of the rights of a father in case of divorce. A child needs both parents actively involved in his or her life in order to flourish and feel loved, and there are many fathers who try to provide this type of stability but are blocked or "Denied" at every turn. Courts need to understand that this hurts the child more than anyone, and fathers need to find the courage to stand up and fight against this injustice.

Forever My Daddy offers the resources and support that a loving father needs to ensure he is always a constant presence in his child's life. Please feel free to contact us to learn more about our understanding community. 

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