Raising a child is often a difficult problem for many parents, especially if they break up before the child is born or get divorced. However, a growing movement of "parental prenups" are helping to streamline a child's care needs and to eliminate the guesswork that had previously plagued split parenting.
What Is A Parenting Prenup?
A parenting prenup is a legal document written between two parents that outlines a variety of items, including visitation rights, who will pay for what in the child's care, and even their dietary outlines. They can be as detailed and precise as the parents desire. For example, many parents may simply want to create a strict visitation schedule, while others will want to be on board with the type of music and activities the child is allowed to engage.
How Does This Benefit You?
If you and your partner create a parenting prenup, you are putting the needs of the child before your own. You are setting your parental and monetary duties down in black and white and with inarguable terms. This helps better manage disagreements by allowing you and your spouse to point to the document and use it as the guide for your child's care.
Are They Legally Binding?
Like any document, parenting prenups are only legally binding if they are witnesses and notarized by the proper legal authorities. It is essentially a contract between parents that cannot be broken. In each, there should be punishments for breaking the prenup, in order to make it more difficult to get around. However, a parenting prenup is not likely to trump any legal decisions about parenting made by state of federal officials.
If you are interested in drafting a parenting prenup, or if you already have one and need help with someone who is breaking its terms, please contact the Law Offices of John A. Guthrie. We can help you understand your rights and will fight hard to win your case.