QUESTION

Can the mother get custody of the children in the event of a divorce?

Asked on Nov 04th, 2013 on Child Custody - New York
More details to this question:
My fiance and I are about to get married. He said I have to sign a Prenuptial Agreement saying in the event of a divorce both parent shall have joint custody of all children from the marriage. The custodial parent shall be determined in the best interest of the children. Here is my question, does this mean that whoever is financially capable will get custody or me the mother regardless of my financial status?
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6 ANSWERS

William M Stoddard
First understand in the state of Washington joint custody is the norm. There may be a visitation custodian and a residential custodian, but joint custody is the expected way children are to be treated. Your question is what are your chance of being the residential custodian if there is a divorce. That depends on which parent provides more care to the children. I would guess that in custody disputes, woman are awarded residential custody about 65% of the time.
Answered on Nov 13th, 2013 at 5:07 AM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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You are about to sign a very important agreement that will affect the rest of your life. You need to consult with a lawyer and not try to get advice over the internet on such an important matter.
Answered on Nov 07th, 2013 at 9:20 PM

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It sounds like he want to ensure that he is in the lives of his children and will have joint custody. You need to have an attorney for a prenup. Ask your attorney for advice.
Answered on Nov 07th, 2013 at 9:19 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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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

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would be cautious about planning for a breakup prior to the marriage. See an attorney and explain all of the circumstances.
Answered on Nov 05th, 2013 at 4:49 PM

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Bruce Provda
You should have any prenuptial agreement looked at by your attorney before agreeing to it for many reasons, this is just one of them.
Answered on Nov 05th, 2013 at 4:48 PM

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