ANSWERS: 2
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No, my previous answer was incorrect. See comments below.
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to my knowledge, no, remember a contract that uses illegal acts is null and void. You can't have a contract to have someone grow you pot, and then sue when the contract is breached. If the child is not born it does not exist, it is impossible to contract something that does not exist. things like custody are based on you as a person, it has to be considered when the divorce would happen. you could be an angel now but in five years commit 5 felonies, in determining custody everything is considered and you can't 'lock it in' because things could change over the years
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