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Will a prenup affect child custody?


Many New Jersey couples who are planning on getting married may be considering a prenuptial agreement. These are popular among couples who may be older and have assets they would like to protect, or just in case something goes wrong in their marriage and they want to work out an agreement in advance.

For engaged couples who have children from a prior marriage, those children and arrangements for them in case of divorce cannot be included in a prenuptial agreement if these children end up being adopted by the new spouse. If a child is adopted by the new spouse, he or she has just as much responsibility for these children as the child's biological parent. If the marriage ends in divorce, the child custody and child support arrangements would be handled as if the couple were both biological parents and would be determined based on the child's best interest.

Engaged couples looking to learn more about prenuptial agreements and how they can affect their family's future may find talking to a legal professional skilled in family law to be helpful. When children are involved, it is especially important to know how different legal situations, such as divorce, will affect their new family. Child custody and visitation plans can be complicated and involve both legal custody and physical custody. Seeking help from professionals can help parents feel more secure in their choices.

New Jersey parents have many obligations and responsibilities to both their children and their partners. Going into a new marriage fully prepared with information regarding their legal rights can be helpful for everyone.

Source: Boston Herald, "Prenup can't dictate custody, child support," Gerald Nissenbaum, Jan. 19, 2014

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