For the convenience of our clients, we also offer the options to meet via video conference or by telephone.

Helping People Move
Forward With Their Lives
  1. Home
  2.  » 
  3. Family Law
  4.  » 
  5. Child Custody
  6.  » Can Child Custody Be Included In A Prenuptial Agreement?

Prenuptial Agreements And The Experienced Legal Guidance You Need

It is safe to say that a marriage never starts with the intention of divorcing. However, the future is uncertain and some couples may want to define the terms and conditions under which a marriage dissolution would occur. To do so, soon-to-be spouses have an option to draft a prenuptial – also called premarital – agreement.

At Gormley and Johnson Law Offices, PLC, in Fowlerville and Brighton, we offer compassionate and personalized legal services to future families and help individuals draft prenuptial agreements.

Parents Cannot Define Child Custody In A Prenuptial Agreement

In Michigan, parents cannot define who will be the custodian parent in the event of divorce. Instead, a court decides child custody based on the child’s best interests during divorce procedures.

Moreover, courts also define all aspects related to child support. However, parents can agree on child custody and visitation schedules to then submit the plan to a judge’s consideration and approval, should the plan meet the child’s best interests and needs.

What Does An Agreement Include Then?

You and your future spouse can establish and include the following agreements:

  • Marital assets division, classification of income
  • Payment of debts prior to marriage
  • Handling of inheritance, interspousal gifts during the marriage

A couple can also agree on other terms involving alimony or particular determinations should one of the spouses pass away. Therefore, it is vital to discuss your expectations with a knowledgeable lawyer to create a document that truly meets your needs.

Determining The Validity Of A Prenup

To make a prenup enforceable, both soon-to-be spouses should agree by their own free will. Therefore, if the document was signed with undue influence, lack of consent or if one party lacks the mental capacity to enter into that agreement, then it should be void. Additionally, both parties should sign the prenup with a full understanding of the rights and disclosure of all essential aspects that may affect a court’s decision.

Whether you are about to draft a premarital agreement or are concerned about how this document can affect child custody, our attorneys are ready to answer your questions. We are uniquely positioned to assist and guide our clients to empower their decision-making to move forward.

Contact Us Today For A Free Consult

Call 517-219-9301 or send an email to schedule your no-cost appointment with our family law attorney.

How do I choose a good family lawyer?

It’s important to have someone you can talk to. If you’re able to be open and honest with your attorney, the two of you can find a solution that truly works for you.

Some people find it best to interview potential lawyers. This gives you a feel for their communication style. Remember, a lawyer works for you – not the other way around. Another important thing to discuss right away is payment. Understanding potential costs is a key component in legal cases.

When should I hire a family lawyer?

We how intimidating the legal system can be. However, it is best to get experienced guidance instead of trying to figure it out on your own. If you choose to go without representation, you could end up in a less-than-favorable position. We are here to protect your best interests every step of the way.

How can a family lawyer help you?

By knowing the laws, a family lawyer can put your case in favorable position. This is important when it comes to custody schedules, dividing property and determining alimony.

These cases are often highly emotional. Lawyers think logically and keep your best interests in mind. They also can clearly explain what your options are.

Ultimately, you will have to make the decisions as to how to move forward. However, having a clear understanding of what you can do is crucial. That is where our team can step in.

What should I look for in a family lawyer?

Someone you can trust is the most important asset. Since an attorney acts on your behalf, making sure that they understand your concerns is imperative.

For example, our firm has handled complex family law cases for almost 25 years. We are hands-on, communicative and compassionate. Our clients truly feel like the have an ally in their corner. This can make all the difference when you’re caught in a difficult situation.

How long will my family law case take to resolve?

Unfortunately, there is no set timeline for resolving a family law issue (or a set of issues, as is often required when getting a divorce). Each family is unique, which means each case is unique. As a general rule, however, any family law issue is likely to resolve more quickly if both sides can maintain open communication and show a willingness to negotiate. Conversely, if both parties dig their heels in and refuse to even consider an alternative position, the dispute could go on indefinitely.

Should I try to find a family law lawyer who shares a similar personality to mine?

Not necessarily. It is important to find an attorney you feel you can trust and with whom you can be open/honest. For this reason, you may think you need to hire someone like yourself. However, lawyers of many different personality types can be effective. Moreover, hiring someone with a different personality can be advantageous because they might offer a perspective about your case that you didn’t think of.

As we noted above, you do need to trust your attorney and to know that they are working in your best interest. This is something we attempt to show our clients each day – just as we have for the past 25 years.

Will allegations of domestic violence greatly impact my family law case?

Violence and threats of violence are an issue that often looms large in family law cases – particularly divorce and child custody matters. Whether you are the alleged perpetrator or the alleged victim, allegations of domestic violence will likely play a significant role in both the process and the outcome of the case.

When we represent you, we will help you give the court an honest and accurate picture of what has occurred – without minimizing or exaggerating – and provide any necessary context. Because we also practice criminal law, we are ideally suited to guide clients through criminal charges, personal protection orders and related matters.

Should I limit my social media use until my family law issue is resolved?

Since Facebook launched in the early 2000s, it and other social media sites have become a treasure trove of information in divorce, custody and other family law matters. As a general rule, it is a good idea to limit your use of social media during this time or at least be especially judicious about what you choose to post. You should assume that despite your privacy settings, anything you post online could later be seen by your spouse/co-parent, an attorney or the judge overseeing your case.

Call Our Trusted Family Law Attorneys To Discuss Your Case

In addition, we handle premarital agreements, paternity, stepparent adoptions, guardianships, estate planning and related concerns. To schedule your free consultation, call 517-219-9301 or email us. We serve clients in Livingston County and in nearby communities like Lansing/East Lansing, Howell and Brighton.