Looking around for information on prenuptial agreements and if there is such a thing to protect against a malicious ex, I came across a great article from Nolo.com that provides great information on what you can and can’t do with a prenuptial agreement. The excerpt on custody reads:

There are some things you just can’t — or shouldn’t — do with a prenup. State laws differ as to what matters are considered off-limits. However, as a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable — and may even jeopardize other valid aspects of the premarital agreement. Here are some things that you can’t do, at least in some states:

Restrict child support, custody, or visitation rights. No state will honor agreements limiting or giving up future child support. The same holds true of agreements limiting future custody and visitation rights. This is because state lawmakers consider the welfare of children to be a matter of public policy and do not enforce any private agreements that would impair a child’s right to be supported or to have a relationship with a parent in the future.

I completely understand the argument here. My kid is not my property. They are a little different than say a Tool Box. Much more fun to snuggle with or take bike riding. However, I do believe that there should be some method for couples to prepare for the worst, you know, before they get angry and resentful toward one another. If I’m not mistaken, I do believe that you can include methods for handling disputes in a prenuptial agreement, which provides somewhat of a safety net. But, when you throw in the extreme bias of the Family Court System it doesn’t seem all that helpful.

Oh well, chalk one up in the “Con” category for getting married again.