Legal Question in Family Law in Texas
I am a 23 year old female who has been married for the past 3years. My husband and i do not have a pre-nuptial agreement. We are planning on having children and i wanted to know if there is a document we can draw up stating that unless there are qualifying circumstances I.E. abuse or neglect, should a divorce occur, custody of children will be split equally. Regardless of proof of adultery. Is there such a document? He has told me repeatedly that if i cheat he will leave me with nothing. Can he do this?
1 Answer from Attorneys
There is no such thing as a document whereby you can agree to the fate of your children in the future. No agreement that you and your husband make will allow a judge to ignore facts (for instance, if there has been child abuse) in making his decision about the child in a court case.
It is possible to have a pre-nuptial agreement that outlines the parties' wishes about custody, but it isn't binding on a court.
Adultery generally doesn't have much effect on child custody.
You husband's threats to "leave you with nothing" if you cheat on him are bogus. Property division is up to a judge. Fault in the marriage is a factor, but property division isn't made by your husband; it's made by a judge.
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