When you decide to get married, you never consider that you might get divorced one day. Sometimes, forward-thinking couples create a prenuptial agreement that dictates how their property will be divided or what kind of spousal support one spouse will get when the couple divorces. Unfortunately, some of these same couples believe that child custody disputes should be decided before even getting married and place their decision into the prenuptial agreement. However, prenuptial agreements cannot determine child custody.
If you are getting divorced and your prenuptial agreement declares a child custody agreement, the court will not adhere to it. As such, you need to prepare an intense child custody case to ensure your requests are heard. The attorneys at the LLF Law Firm have years of experience helping families manage child custody agreements. Contact our offices today at 888-535-3686 for help or schedule a consultation online.
Prenuptial Agreements in Pennsylvania
Couples typically agree to create a prenuptial agreement when they want to avoid a lengthy divorce process or if they have specific items they want to prevent being distributed as marital property once they separate. That being said, the court can decide not to honor a prenuptial agreement or to only honor parts of it if one party can show, with clear and convincing evidence:
- That they were either coerced or forced in some other way to sign the agreement.
- The other spouse did not disclose their wealth, assets, and debts thoroughly prior to signing the agreement.
- They were given inaccurate or fraudulent information relevant to the agreement.
- The agreement was egregiously unfair.
Prenuptial agreements in Pennsylvania must abide by the same basic principles as any contract. Essentially, there must be an offer and acceptance, and both individuals must promise to do something in exchange for something else. For a prenuptial agreement to be valid, the couple must actually get married. If they don't, the prenup is null and void.
Further, while many couples may want to address things like child custody in their prenuptial agreement, the court will not uphold these declarations. Prenuptial agreements can address various financial and property issues between spouses, such as property division, alimony, and inheritance rights after divorce. However, they are significantly limited when it comes to children.
Prenuptial agreements can cover most of a person's assets, including:
- How their property will be divided.
- Who's property will remain in their individual ownership.
- How much alimony one spouse will get after the couple divorces.
- Both spouses' rights to the gifts and inheritance and death benefits from the other's insurance policies.
- Each spouse's right to buy and sell assets or use certain property after marriage.
- Management of the family business
- Each spouse's right to the property owned by the other spouse.
These premarital agreements can also include a sunset clause, which makes the contract void after a certain amount of time. This is another reason to have your prenup reviewed by a skilled family law attorney to ensure you are aware of every aspect of the contract before you sign it.
Pennsylvania Child Custody Laws
In Pennsylvania, child custody is broken into two categories: legal custody and physical custody. Legal custody involves child welfare de, like education, religious upbringing, or healthcare needs. On the other hand, physical custody decides where the child will live.
In some child custody arrangements, one parent may have both physical and legal custody, both parents may share physical and legal custody 50-50, or one parent may have physical custody while the other has legal custody.
When a couple has children, the court will determine child custody arrangements based on what is in the best interest of the child at the time of the separation or divorce. To determine what is in the child's best interest at that moment in time, the court will look at a myriad of factors, including:
- The child's preference – depending on their age and maturity.
- The child's relationship with each parent.
- Each parent's ability to encourage the child's relationship with the other parent.
- Which placement will allow the child to be the most stable and have continuity in their education, family life, and community.
- Any history of violence or abuse.
- Either of the parents' criminal convictions.
Once the court reviews evidence or arguments for these factors, they will give custody to the parent who has demonstrated they have their child's best interest at heart. As such, these decisions cannot be predetermined in a prenuptial agreement because so many things can change between the date of signing the agreement and the custody proceedings. Moreover, a child's needs and family dynamics can change significantly over time, making predetermined arrangements potentially harmful to the child.
To ensure the court has the most up-to-date information on your child's best interest, you should gather evidence that demonstrates how those interests are being served by a custody arrangement different from what the prenuptial agreement specifies. This includes collecting school and medical records, as well as documentation of your involvement in the child's life. By gathering this evidence, you'll be better prepared to challenge any custody provisions in the prenuptial agreement and advocate for a custody arrangement that truly serves your child.
Considerations for Couples with Children
For couples entering into prenuptial agreements in Pennsylvania, especially those who already have children or plan to have children, it is important to:
- Focus on the financial and property matters that prenups can legally address.
- Avoid including any clauses related to child custody in the prenuptial agreement.
- Remember, any child-related provisions will not be enforceable and may complicate the prenuptial agreement's overall validity.
- Consider including provisions that address how to handle changes in financial circumstances that may affect children, such as education expenses or inheritance.
While specific child custody arrangements cannot be made in prenuptial agreements, many other things can be included that will either directly or tangentially affect your children. For instance, you may want to include provisions on how family wealth will be distributed among children and stepchildren to avoid potential disputes. Additionally, your prenup can stipulate college savings plans and specific requirements for life insurance policies that will provide for children in the case of a parent's death.
Prenuptial agreements made in Pennsylvania can discuss future earning potential as well. This will allow couples to address how their career sacrifices for childcare can be compensated, ensuring that the primary caregiver is not disadvantaged financially when the couple separates, which would directly affect what is in their children's best interest.
Steps to Challenge Custody Previsions
If your prenuptial agreement does declare a child custody arrangement when you and your spouse separate or divorce, and for some reason, the custody arrangement is upheld or slips through the cracks, there are a few steps you need to take to prevent any further injustices. These steps include:
- Consult a family law attorney in Pennsylvania who can review the prenuptial agreement and explain its limitations regarding child custody to you and the court.
- Filing for custody or a modification to the custody order through the appropriate court channels.
- During the custody proceedings, be sure to emphasize to the court that any custody provisions in the prenuptial agreement are unenforceable under Pennsylvania law.
- Be prepared to demonstrate how your proposed custody arrangement serves the child's best interests. To do so, you may want to include evidence of your ability to provide a stable home environment, how involved you are with your child's education and activities, your willingness to help foster a relationship between your child and their other parent, and any other relevant factors that would support your claim.
- Requesting a court evaluation of your family situation to determine the most appropriate custody arrangement for your child.
When a parent challenges custody provisions in a prenuptial agreement, several things may happen:
- The court may disregard the custody provisions entirely and make a decision based on the child's best interests.
- If your ex insists on enforcing the prenup's custody terms, the court will likely explain that this provision is not legally binding.
- You and your former spouse may be encouraged to negotiate a new custody agreement, usually with the help of a mediator.
- If an agreement cannot be reached, the court will make a custody decision for you based on the current circumstances and the child's needs.
Throughout this process, it is crucial to keep the child's well-being at the forefront. This means that you'll want to avoid speaking badly about the other parent in front of your child, be consistent with their routine as much as possible, try co-parenting arrangements that benefit your child, and consider their emotional needs during this extremely stressful time.
Addressing Other Aspects of the Prenuptial Agreement
While challenging the custody provisions of the prenuptial agreement, it is important to note that other parts of it may still be valid and enforceable. As such, it is essential to review the entire contract with your attorney to see if there are any other unenforceable clauses. You will also want to determine how the remaining valid portions of the prenup might impact the divorce proceedings and develop a strategy to simultaneously address both the custody issues and other aspects of the contract.
Pennsylvania Parenting Plans
Unlike prenuptial agreements, parenting plans are a useful and effective way to protect the rights, health, and well-being of your child. While developing a parenting plan is not necessarily mandatory, many courts will request one if the parents are trying to get shared custody.
Parenting plans are meant to address child custody, as well as the expectations each parent must fulfill. For instance, a good parenting plan will address all aspects of the children's lives, right down to their schedule and transportation needs. Typically, for parents to veer from the negotiated parenting plan, they must first request a custody arrangement modification. As such, it is incredibly important to create a detailed parenting plan that you not only are comfortable with but are excited about. If you feel overwhelmed by the idea of creating such a plan, hiring the LLF Law Firm is the greatest way to ensure you get the best possible outcome for your argument.
How a PA Custody Lawyer Can Help
Given the complexities surrounding prenuptial agreements and child custody laws in Pennsylvania, it is crucial for individuals to seek legal counsel before making any decisions on either matter. An experienced family law attorney can:
- Ensure the prenuptial agreement focuses on permissible areas.
- Advise on the potential long-term implications of the agreement.
- Help navigate the intersection of prenups and child-related matters during divorce proceedings.
While prenuptial agreements and child custody laws in Pennsylvania have limited direct contact, understanding their relationship is crucial for couples entering marriage, especially those with children or planning to have children. Prenuptial agreements remain valuable tools for managing the financial aspects of marriage, but they cannot predetermine child custody or support arrangements.
Pennsylvania's approach ensures that the children's interests are protected and that custody decisions are made based on current circumstances, not past agreements. By recognizing these distinctions, couples can create prenuptial agreements that are both legally sound and focused on appropriate areas of marital planning.
However, creating such prenuptial agreements or working through the stress of a child custody battle can be incredibly overwhelming. The LLF Law Firm will ensure your rights are being upheld at every stage of these legal issues. Call 888-535-3686 today or schedule a consultation online for help. You do not have to move through these proceedings alone. The LLF Law Firm can help.
