No, a prenuptial agreement generally cannot address child custody issues. For instance, even if you signed a prenup waiving your future child custody rights, you may still be able to secure custody during a divorce. Even if your spouse agreed to a prenup giving up those rights, that does not mean they will solely go to you.
Instead, the court is likely going to ignore any provisions in a prenuptial agreement and make a custody decision at the time that you get divorced. The court operates under the standard of setting up a custody plan that focuses on the child’s best interests. Regardless of what a prenuptial agreement states, if the court believes both parents should be involved with the children and retain legal or physical custody rights, they can still set up that arrangement.
This also applies to child support
Moreover, you cannot waive or guarantee child support in a prenup.
For instance, perhaps your spouse had you sign a prenup saying that they would not have to pay any child support, even though they are the main breadwinner for the family and have a much higher income than you do. Regardless of what was agreed to at that time, the court can still issue a child support order.
Once again, the court is focusing on what is best for the child. Generally, the child deserves support from both parents, and this can contribute substantially to the quality of life that child experiences. A prenup eliminating child support obligations could be seen as harming the child and would not be upheld.
This does not mean that prenuptial agreements are not useful. They certainly are, but it is very important for couples to understand exactly how they can and cannot use them prior to getting married. If there are any questions, it can help to work with an experienced family law attorney.