Can we include parenting arrangements or child support in a same sex prenuptial agreement?

New York does not allow couples to predetermine child custody, visitation, or child support through a prenuptial agreement. Courts must evaluate parenting matters based on the child’s best interests at the time of separation, which may involve changing needs and circumstances. While a prenup may address financial responsibilities between partners, decisions about children must be made by the court if the marriage ends. This protects the child and allows the court to respond to the family’s current situation.