By Dan Exner
In general, the court must uphold a premarital agreement unless the agreement is "inequitable."
Where I practice, a prenuptial agreement is inequitable if it fails to satisfy any one of the following requirements:
She ran off years ago and left the child with me. Though she is out of our child's life she refuses to officially give me full custody because she knows she will have to pay child support. She holds it over my head that she can come and take him away whenever she wants because she is legally the custodian.
How do I go about getting legal custody of my child, especially if both parties have moved out of state since the divorce?
She now has all of my accounts, possessions, and our house. She even has the kids' personal property.
Do I have any rights post-judgment to reclaim at least some of the value of the home or modify the property ruling? Do my children have the right to seek return of their possessions?
Because of this conflict, many children are psychologically divided by behaviors that have three stages of adjustment: Visitation Resistance, Visitation Pleasure, and Visitation Confliction.
Joseph Goldberg is a parental alienation expert, family law consultant, and founder of the Canadian Symposium for Parental Alienation Syndrome. Alienated first as a child and then as a targeted parent in his divorce case, Goldberg is dedicated to his mission of educating mental health professionals, parents, and the public on the perils of parental alienation.
His latest article is titled "Parental Alienation and Children Exhibiting Visitation Refusal Behavior." Click here to download the full PDF of the article.