"Kenneth S." wrote in
:

I'm very surprised that everything turned out the way you say it
did.
My own view is that it's very easy for judges in the U.S. to ignore
the provisions of a prenuptial contract, particularly as they relate
to custody of children. Judges simply say the contract provisions are
"unconscionable," or they say that custody is always a matter for the

I am surprised too. In my entire three year battle, each judge I was up
against would not allow any type of contract that did not address the
immediate. Therefore I could not, say, get an agreement that terminated
child support in two years. Or have 50-50 joint custody in 1 year. They
would not allow any future conditions... basically signing away the
future rights of the child. I could not even imagine walking into a
court with a 10 year old pre-nup about joint custody and the judge
agreeing to it.

In my experience, the only way any type of pre-nup or future agreement
works is if both parties agree to it and follow it, unconditionally and
uncontested. If one party does not, you are headed to court. And you may
not win. I know. I have been there. For example, lets say we write a
contract that says today we are 70/30 and in 8 months we go 60/40. In 8
months the ex could easily state all kinds of conditions, status quo,
harm to the child, disruppting routines, etc., and the judge looks at
all this, even if you have a contract. Yes, they do put weight to those
contracts, but it is not 100% sure. Trust me. I had signed joint
custody. As soon as the ex didn't like one little thing, we were in
court fighting over custody, for three years. Same thing with access. I
had all kinds of signed contracts. As soon as the ex didn't like the
sharing agreement, and refused to update as per the contract, back to
court we go. I'm still not done.

Your ex walked away. That us a huge when it comes to court battles. If
she stayed and faught you, things could be a lot different.

H.