Sometimes when a married couple has gone through some turbulent times, perhaps even splitting up for a while, they decide to create a postnuptial agreement in case they ever do get divorced. They might include certain stipulations regarding child custody, but they should realize that those stipulations may not be upheld by a court. If divorce seems imminent, a custody lawyer in Douglasville, GA can answer questions about what is likely to happen with this postnuptial agreement in regard to any mention of child custody.
A family court judge will probably consider what the agreement set forth in regard to custody, although the court is not bound to it. Consider a situation in which a couple almost broke up because one spouse developed a drug addiction. Their postnuptial arrangement might state that custody would be granted to the other spouse if addiction became a factor again. The spouse defending his or her parental rights can dispute this part of the agreement with the assistance of a custody lawyer in Douglasville, GA.
Family court judges make decisions based on what is in the interests of the children after considering arguments presented by lawyers such as Diane M. Sterlieb. Although a drug addiction may seem like a factor that would warrant the loss of custody, situations can be more complex. For instance, the parent may have successfully completed a rehab program and may never have shown any inclination toward negligence or outright harm to the children. The other parent may be gone on business several days a month, meaning if he or she had full physical custody, the children would need to have some other adult staying with them during those times. People dealing with similar situations may visit the website Website Domain for contact information.
For these reasons, the issue of child custody in a postnuptial agreement is not simply accepted by the court the way that certain financial issues would be. For example, the couple had agreed that one spouse would retain ownership of an expensive camper if they divorce, even if they made payments on it from a joint account. The other spouse may have a difficult time disputing that agreement in court. But child custody is an entirely different matter.
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