[smokedetector]

I was reading a post and had a thought... Can a couple get a prenup that states that if they are to have children, in case of a divorce the children would be in sole custody of the mother (or father, whatever) provided they were deemed fit to parent? Is it possible, and would it hold up in court?

If it is/would, could additional things be added, like the father will relinquish all right to the children if they are to divorce, etc? Just wondering.

(disregard the fact that no decent person who knew what they were getting into would actually sign it... )

[George_1950]

Welcome to AMHD. The prenup may be admissible to show what was in the minds of the signers, then; but would have no bearing on 'the best interest of the child' test which is used between parents to determine a contest of custody.

[Fr_Chuck]

It may and most likely could be entered into evidence if one party is not going by the agreement, but in general the court looks at the best interest of the children and I have found out that many prenups are not worth the paper they were written on for many things, but the final say would be the welfare of the children