It means that the court will determine who is best able to provide a loving, stable environment for the children. If the children are under 10, it is likely that one parent will have primary physical custody and the other parent will have substantial visitation. Over 10 it is possible that the custody will be 50-50. If a child has a problem with one parent, the custody may be reduced. So what it means is that if there is a divorce, you will both go to court and explain why you think your custody arrangement is best. Of course, it will also be possible that the two of you will agree as to the custody arrangement. However, your attorney that is advising you on the pre-nup should provide all of these answers.
Answered on Nov 05th, 2013 at 4:49 PM