Can a prenuptial agreement contract for child custody?

No. While a prenuptial agreement is designed to be protection from the legal consequences of divorce or death, there are certain things that cannot be predetermined. A prenuptial agreement cannot contract for the custody of children, especially children that have not yet been born. It is also impossible for a prenup to prearrange how much a parent will pay for child support.

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Shelly M. Ingram's Profile Image
Shelly has devoted her legal career to family matters both in and out of the courtroom. As a child of divorce and a person who has been divorced herself, Shelly understands the uncertainty and frustrations of custody and divorce... Read More