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An amicable divorce can turn contentious over child custody

Like other couples around the country, many Utah residents sign prenuptial agreements in order to set the stage for an amicable divorce should one occur in the future. Prenups are often effective at dividing up a couple's property, but, when it comes to child custody matters, the parties' hopes for friendly ends to their marriages could be dashed. This appears to be the case for actress Hilary Duff and her soon-to-be ex-husband, Mike Comrie, who reports indicate are unable to agree on a custody arrangement for their 3-year-old son.

When Duff filed for divorce, she asked the court for primary physical custody with visitation rights for Comrie. She feels that his social life, which Duff says is filled with partying, makes him an unfit father. She does not believe that he should be involved in the day-to-day raising of their son. Comrie, however, disagrees. In his response to her court filings, he requested joint custody.

Neither party is contesting the prenuptial agreement. In fact, when the intention to divorce was announced, it appeared that Duff and Comrie were going to part ways amicably and would even remain close. However, as is the case with many Utah couples, their disagreement regarding what is best for their child could change that.

It is the best interests of the child that will drive any decision made by the court. One party's questionable behavior may mean nothing in a no-fault divorce, but, when it comes to child custody, courts around the country are often willing to hear evidence about the parents' alleged wrong doings. In the case of Duff and Comrie's custody issues, his supposed love of the nightlife could mean the difference between sharing custody with Duff or only being awarded visitation rights.

Source: celebdirtylaundry.com, "Hilary Duff and Mike Comrie Custody Battle for Son Luca as Divorce Gets Ugly", Yellow J, April 22, 2015

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