Can a Prenuptial Agreement Control Child Custody in Atlanta?

Many parents today marry after having children. Although this would have once been highly controversial, modern parents are far more liberal and relaxed about having children “out of wedlock.” Some believe that having children is actually a more serious and meaningful commitment compared to marriage. Whatever the case may be, you might wonder whether it is possible to control child custody if you create a prenuptial agreement in Atlanta.

You Cannot Dictate Child Custody With a Prenuptial Agreement in Atlanta 

A prenuptial agreement has no legal authority to dictate child custody outcomes in Georgia. You can agree about these subjects with your spouse, but these agreements hold zero power over the family courts. In fact, some might argue that including these types of clauses in your prenuptial agreement is counterproductive.

You May Make Certain Decisions About Parenting With a Prenuptial Agreement

With all that said, you may still be able to make certain types of parenting decisions ahead of time with a prenuptial agreement. For example, you might agree on which religion your child will follow if you ever get divorced in the future. You might also agree on their general educational path or your philosophy toward healthcare for your child. These agreements may be more likely to be honored by the family court because they do not specifically deal with parenting time and co-parenting schedules. However, the family court always has the final say on these matters.

Prenuptial Agreements May Make “Suggestions” Regarding Child Custody 

If both parents agree that the child should spend approximately equal amounts of time with each parent if divorce ever occurs, it may be possible to “suggest” this outcome to the court. Family courts in Georgia already lean toward shared custody by default, so this type of agreement is likely to be respected.

You might also want to make additional child custody decisions in your prenuptial agreement, such as those involving Christmas dinner or summer vacations. However, there is no guarantee that these agreements will be considered by family courts in the event of a divorce.

Why It Might Be a Good Idea to Avoid Child Custody in Your Prenuptial Agreement

While it may be possible to make suggestions regarding child custody with a prenup, you may want to avoid these types of agreements altogether. Marriages can change over the years, and the best interests of a child may also evolve. For example, a parent might develop a substance abuse problem. Perhaps they will face criminal charges and incarceration.

In these kinds of situations, the agreements you made before your marriage may no longer be appropriate. You should also know that the longer you negotiate about these topics, the higher your legal fees could be. This is why it might make sense to exclude these subjects from your prenup altogether.

Can a Prenuptial Agreement Lawyer in Atlanta Help Me?

A prenuptial agreement lawyer in Atlanta may be able to explain the limitations of these agreements in more detail. Although it is not possible to dictate child custody outcomes with a prenup, you may be able to make suggestions to the court about various aspects of child custody with these agreements. Learn more by contacting Buckhead Family Law today.

Source: 

georgia.gov/file-child-custody