
Divorce Information from Divorce Attorney, Alexandra R. Lavinsky
Divorce Information from Divorce Attorney, Alexandra R. Lavinsky
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By
Lavinsky Law

Right of First Refusal: This occurs when a parent has the right, in the absence of the other parent, to take care of a child during the other party's custodial time. The Courts are very hesitant to grant this relief, especially in matters involving contested custody because of the communication required to accomplish this alternative. Parents who choose not to be together and who turn their cases over to the Courts have to realize that the Courts generally allow parents to raise their children as they see fit in their respective homes, and even if the other parent disagrees. The best alternative is to negotiate custody prior to things getting so contentious that there is no communication, leaving the Court to have to make parenting decisions for a child the Judge never met.
Prenuptial Agreements cannot include provisions for child custody and/or child support because the Court retains jurisdiction over these issues and the best interests of a minor child. The more interesting issue is the inclusion of provisions pertaining to unfertilized versus fertilized eggs. Often times if the parties have already participated in obtaining fertility intervention, they may have executed a contract that handles issues of ownership and therefore prior to either drafting a further agreement or litigation a prenuptial/postnuptial with such provisions, a determination is necessary as to if any other agreement exists as it pertains to the eggs and their retrieval.
