does a premarital agreement affect child custody or support?
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Learn more about a guide for divorcing parents in Danville, California in this presentation.TRANSCRIPT
DOES A PREMARITAL AGREEMENT
AFFECT CHILD CUSTODY OR
SUPPORT?A Guide for Divorcing Parents
Premarital Agreements
Premarital agreements are contracts
entered into in consideration of
marriage
The parties can include many
provisions in a premarital agreement,
including details on spousal support in
the event of a divorce
Certain terms and conditions cannot
be included in a premarital agreement
and will not be enforced
Child Custody & Support in a
Premarital Agreement
Provisions related to child custody and
child support may not be included in a
premarital agreement
It is considered against public policy for
parents to decide in advance what will
happen to their children in a divorce
Public policy also dictates that every
child has the right to be supported by
both his parents
What Happens if an Agreement
Addresses Custody or Support?
If a premarital agreement does contain
provisions on child custody or support,
the court will not take the agreement
into account during the divorce
The remainder of the premarital
agreement may still be enforced
provided it is not against public policy
How are Decisions Made on Custody?
Regardless of the terms of a premarital
agreement, the court will make a
decision on custody based on what is in
the best interests of the child
Many factors are considered in
determining what is best for the child,
including who the primary caregiver has
been, who can provide the most stable
home, and who the child desires to live
How are Decisions Made on Support?
Child support decisions are made
based on a standard formula in
California
The support formula takes into
account each parent’s respective
income; the number of shared
children; and the time the child
spends with each parent under the
custody agreement
An Attorney Can Help
We invite you to contact us at (925) 314-2320 to
schedule a consultation
Click to visit: www.FamilyLawGroup.com
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