During a separation or divorce, one of the most important yet contentious issues that must be handled is the terms of a child custody arrangement. Many couples choose to sign a prenup before getting married to ensure that financial matters are handled properly if the marriage were to end unexpectedly. But can your prenuptial agreement include child custody terms? Continue reading to find out and work with a knowledgeable Oakland County child custody lawyer for skilled representation and legal advice during your case.

What is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract between the individuals who make up a romantic couple. They may choose to draft and sign a prenup before getting married to outline how financial matters will be handled if the marriage were to end in a separation or divorce.

While planning for a divorce does not sound like the most romantic thing to do before the honeymoon, it is a smart financial decision for both parties and ensures that there is no confusion or disputes later on if something were to happen.

Prenups can include terms and conditions for a variety of topics, like the division of property and assets, who will be responsible for which debts and liabilities, whether one spouse will receive alimony from the other, and more.

Can an MI Prenuptial Agreement Include Child Custody Terms?

While prenuptial agreements can cover many issues, child custody is not one of them. All issues regarding the children involved in a separation or divorce must be addressed by a court of law. Child custody and support terms are created based on the best interests of the child, and only a Michigan court can determine what is in their best interest.

Some couples may choose to include an outline of custody terms, but they will not be enforceable and will likely be rejected by the court.

How is Child Custody Decided?

It is important to note that parents are encouraged to create their own custody arrangements if they can agree on the terms. Therefore, the custody schedule outlined in the prenup can be considered. However, the court must evaluate it and determine whether it is in the child’s best interest.

If it is not, the court will create a new plan and award custody as it sees fit. Michigan courts consider a variety of factors when determining child custody, including the following.

  • The relationship between the child and each parent
  • The ability and willingness of each parent to give the child affection and guidance
  • The ability and willingness of each parent to meet the child’s needs
  • Which parent has historically provided the child with a stable home environment
  • The family unit present at each parent’s home
  • The moral fitness of each parent
  • The mental and physical health of each parent
  • The child’s home, school, and social record, and which parent encourages the child to do their work, spend time with friends, attend school and sporting events, etc.
  • The child’s preference, depending on their age and maturity
  • The ability and willingness of each parent to cooperate with the other
  • Whether there is evidence of domestic violence from either parent

If you are getting a divorce and have questions or concerns about your prenuptial agreement and its validity, reach out to a skilled attorney for more information today.