Relocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?

Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe. 

If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.

Factors the Court Considers

In most relocation disputes, a judge will consider several factors, including: 

• The reason for the requested move
• The child’s relationship with both parents
• The impact on the child’s wellbeing (i.e., what’s in the child’s best interests?)
• Practical implications on the custody arrangement (i.e., will the child be able to maintain a relationship with both parents?)

How Climate Change Affects Relocation Disputes

Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.

Legal Questions to Be Answered

If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.

Get Help With Your Relocation and Custody Dispute

Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Child custody and prenuptial agreements are becoming increasingly popular these days. More people are realizing that a prenup isn’t just for rich people to safeguard their wealth during a divorce. Instead, they can be valuable tools for setting expectations about assets, businesses, and debts. 

However, one question is often asked: can you use a prenup to decide child custody arrangements if the marriage ends?

The short answer is no. While prenups are excellent tools for financial planning, custody decisions are based on the child’s best interests. Understanding the limits of a prenuptial agreement is essential to protecting your rights and your family’s future.

What Prenuptial Agreements Can Cover

Prenuptial agreements are legal contracts that enable couples to establish rules regarding financial matters before they get married. When you consider that money arguments are a leading cause of divorce, a prenup can encourage open and honest conversations.

If one spouse enters the marriage already owning a significant amount of assets, a prenuptial agreement ensures that these assets won’t be lost if the couple divorces. Conversely, if the spouse has a considerable amount of debt, the other partner won’t be responsible for paying it. A prenuptial agreement can also protect a family business from being divided or gifts intended for children from prior relationships.

A prenup can also dictate whether either spouse will receive support and in what amount. These agreements provide financial clarity and peace of mind.

Why Child Custody is Different

The courts base their custody decision on the best interests of the child, not a prenuptial agreement between parents. When making their determination, they look at factors such as:

• The child’s age and health
• The child’s relationship with each parent
• Each parent’s ability to provide a stable and loving environment
• The educational needs of the child
• The child’s preference, depending on their age

Circumstances change over time; therefore, custody can’t be predetermined years in advance with a prenuptial agreement. 

If you attempt to include custody terms in a prenuptial agreement, the court will likely disregard them and other unenforceable clauses, while upholding the remainder of the contract. However, if the judge believes the agreement is extremely one-sided or overly restrictive, it could raise questions about its fairness, thereby putting the entire prenup’s validity at risk.

While you can’t address custody arrangements in a prenup, couples can include other provisions related to children, such as:

• Setting up college funds or trusts
• Nonbinding statements regarding education and religion
• Agreements on funding major expenses like extracurricular activities

Alternatives for Addressing Child Custody Concerns

Rather than relying on a prenup, parents separating or divorcing typically determine custody through parenting plans, which are detailed agreements about co-parenting responsibilities, decision-making, and schedules.

Courts prefer that parents draft their own parenting plans or work with a mediator (a neutral third party) to create a plan that works for the entire family. In situations where mediation is unsuccessful or the parents can’t agree, the court will intervene to determine custody. As the children grow and circumstances change, arrangements can be adjusted to meet the family’s evolving needs.

How LPEP Law Can Help

Prenuptial agreements are powerful tools for financial planning, but they can’t be used to dictate child custody. If you’re considering a prenuptial agreement, our attorneys at Lonich Patton Ehrlich Policastri can help. We will draft a prenuptial agreement tailored to your specific financial circumstances, ensuring it’s fair and in the best interest of you and your children.

Contact us at 408-553-0801 or visit our website to schedule your free consultation. You will have peace of mind knowing that your financial future is protected.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.