Whether you are getting married and signing a prenup or getting divorced and wondering whether yours is valid, it is crucial that you understand what can or cannot be included in the document. Many couples wonder whether their prenuptial agreement can contain the terms of child custody. To learn more, continue reading and speak with a knowledgeable Middlesex County prenuptial agreement lawyer today.

What is a Prenuptial Agreement?

A prenuptial agreement, often shortened to “prenup,” is a contract between two people who are getting married. Aptly named, this document is signed before the wedding and outlines the terms of how financial matters will be handled if the marriage were to end in divorce or another unexpected way.

Although they often have a negative connotation, prenups can benefit both parties and protect each individual’s financial interests. Common topics included in a prenuptial agreement include property division, debt allocation, spousal support, inheritance rights, and other financial obligations.

Can a Prenuptial Agreement Contain Child Custody Terms in MA?

No, a prenuptial agreement in Massachusetts cannot include the terms of child custody or child support. Under state law, child custody matters can only be determined by a court based on the child’s best interests at the time of the divorce or separation. A couple would have no way of accurately guessing the future circumstances under which they may get divorced or be able to predict what will be in their child’s best interests.

Prenuptial agreements are designed to address financial matters, not child custody. If provisions for custody are included in a prenup, they will not be enforced by the court.

How is Child Custody Decided?

Now that it has been established that a prenuptial agreement cannot legally include the terms of child custody, it is important to understand how these decisions are made. Only a state court can make a ruling on child custody, and it will prioritize the best interests of the child.

This means the court will evaluate a variety of factors to determine what custody arrangement will be best for the child’s physical and emotional safety and well-being. Unlike many states, Massachusetts does not have a specific list of factors to be considered when determining the child’s best interests. However, some relevant factors include the following.

  • Which parent has been the primary caregiver
  • Each parent’s willingness to facilitate a relationship between the child and the other parent
  • How the child is doing in their current situation
  • The child’s school performance and attendance
  • The quality of education the child has access to with each parent
  • The capacity of each parent to arrange for child care
  • The child’s preference, depending on their age and maturity
  • Whether there has been domestic violence between the parents or a parent and child

The above and more are all important in the decision-making process. If you are getting separated or divorced, it is important that you understand how child custody will work. To secure skilled legal advice, contact an attorney at Mark Liam Gannon, Attorney at Law.