Legal Question in Family Law in Virginia

child custody

my boyfriend wants me to sign an agreement before our marriage that in case of divorce we will split the kids between us. that we agree now which kids we will take care of after divorce, without dragging ourselves to the court and letting judge to decide. Isnt it against the law? Do people practice sth like this???. I raised this question because he says people practice it. Thank you for your response.


Asked on 11/23/06, 2:57 pm

3 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: child custody

You ask the wrong question. The question shouldn't be "is it legal" but should be "is it smart?"

Arranged custody and child support agreements are all well and good but they are not binding on the Court. Custody and support are always reviewable by the Court who can change anything and everything in the child's best interests. In addition, the Court will appoint a Guardian for the children who would give recommendations of their own. The agreement sounds nice but in reality can be challanged and changed in Court at any time.

Good luck.

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Answered on 11/24/06, 8:33 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody

No, FYI, "people [don't] practice it" (what you've described), and it amounts, legally speaking, to nothing more than nonsense (which, unfortunately, people do seem to regularly practice a fair amount of.)

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Answered on 11/24/06, 12:22 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody

To expand upon my previous answer a little further, children are not chattels, meaning items of personal property, and, therefore, cannot be treated as such in a prenuptial agreement which can be used to control prior to a marriage the disposition of such property.

Each child is obviously a unique person

with a variety of personal needs and

assets which must be carefully considered and evaluated in the event that parents have to separate, and this must be done at the time of the separation rather than years before(as you fiance is proposing) in order to assure that to the extent possible the best interests of that particular child are best served.

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Answered on 11/24/06, 10:12 am


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