Can I get full custody if my wife doesn’t have a job? 31 Answers as of June 14, 2011

Can I get full custody if my wife doesn't have a job?

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William Reed
William Reed | William Reed
Custody has to do with fitness as a parent. Lack of employment is only one consideration.
Answer Applies to: Florida
Replied: 6/14/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
Whether your wife has a job or not is not the deciding factor in determining physical or legal custody. The laws in each state are somewhat different on this issue. In Minnesota, where I practice, there are several factors which affect the custody decision. I strongly suggest that you consult an attorney in your area who is experienced with divorce cases.
Answer Applies to: Minnesota
Replied: 6/13/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Her employment situation could be one of many factors that the court would look at to determine if it would be in the best interests of the child to live with you or her.
Answer Applies to: Florida
Replied: 6/13/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Whether your wife has a job has nothing to do with an award of full custody. The laws vary state by state, but full custody is very rare today. Contact a local domestic relations attorney for further information.
Answer Applies to: Ohio
Replied: 6/13/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
Legal custody of children is based on the "best interest" of your children. This is determined by many factors one of which is the role of the primary caregiver. It may be possible for you to get legal custody, but it will depend on your actual circumstances not just whether you work or not. Good luck.
Answer Applies to: Oregon
Replied: 6/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Employment isn't a prerequisite to getting child custody. Being a good parent is.
    Answer Applies to: California
    Replied: 6/13/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    Your wife's unemployment may make her more available for child care, which probably means that she has been the primary care giver to the children during the marriage. Both of these factors would probably increase her chances of being awarded custody. Unemployment is rarely a large factor to be held against a person in a custody dispute. Nevertheless, each case is unique, and it is possible that in your case you would still be able to be awarded custody.
    Answer Applies to: Ohio
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You have not provided sufficient facts in your question. In other words, the court would likely consider a whole range of facts and factors in making a custody determination and that one fact alone would not, in my opinion, necessarily be controlling. You should retain a divorce attorney in your community to discuss all the facts. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Do you mean that she is home to take care of the children? Child support helps with the "no job." income. California like 2 parents to take care of the children.
    Answer Applies to: California
    Replied: 6/13/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Whether or not she has a job is only one factor for the court to consider. The ultimate decision rest on what is best for the kids. So the answer depends on the other facts.
    Answer Applies to: Texas
    Replied: 6/13/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    The fact that you wife does not have a job will not impact custody of your child, unless it if for reasons such as substance abuse. If your wife is not working because she was home with the child, then the courts will likely some type of joint custody with your wife having primary physical custody. You would likely be ordered to pay spousal support and child support to your wife. You should contact an attorney for more specific information concerning your situation.
    Answer Applies to: California
    Replied: 6/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Assuming you are talking about children, whether someone has a job or not doesn't have any real relevance to allocating parental responsibilities. Colorado no longer uses the term "custody" and the term "full custody" is virtually meaningless. The law presumes children need 2 parents and the issues relate to how parenting responsibilities will be shared in each case.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Her lack of employment has nothing to do with custody and visitation in and of itself. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I assume that you are talking about custody of children in Washington. In Washington, whether or not someone has a job has essentially no affect upon who the children are ordered to live with. Some of the factors that do come into play in deciding where a child is going to live include: strength of each parent child relationship; agreements between the parties; each parent's history of performing parenting functions; the developmental state and needs of the child; etc.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    The fact that your wife does not have a job increases her ability to become a custodial parent because she is available. Other than that, economics do not play a significant role. That is why there is child support. The issue in a custody battle is ALWAYS the "best interest of the child(ren)." Clearly, the mere fact that a spouse does not work is not relevant. However, the reason the spouse does not work is relevant, which is far to lengthy for a discussion here. More information may be obtained by contacting me.
    Answer Applies to: California
    Replied: 6/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Having or not having a job has absolutely nothing to do with who primarily has the children. What time sharing arrangement the parties have with the minor children is based on the best interest of the children, which is determined by consideration of multiple factors (none of which have anything to do with employment).
    Answer Applies to: Florida
    Replied: 6/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    Her employment status is not a best interest factor for determining custody. You will have to litigate on different grounds.
    Answer Applies to: Minnesota
    Replied: 6/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The court names the primary caretaker of the children based on who has the closest relationship to the children. Usually that's the person who has performed the most parenting functions. Is that you?
    Answer Applies to: Washington
    Replied: 6/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The best interests of the children will dictate custody, along with several other factors, so without knowing more it is hard to say.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can get full custody even if she had a great job! The truth is that employment is not a major consideration in determining custody. In Connecticut, there are over 15 criteria that the court could consider.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    The English Law Firm
    The English Law Firm | Robert English
    Usually your wife's employment or lack thereof is not a significant factor in the custody determination. The courts do not discriminate against working or non-working parents.
    Answer Applies to: California
    Replied: 6/10/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies. The criteria for determining custody are guided by what is in the best interest of the child. Who is or is not employed is a factor, but certainly it is not determinative and is secondary to who has been the primary parent of the child. Historically mothers have stayed at home, tended the children and are present daily, while fathers work and see the children later in the day, etc. This is why mothers generally get custody; they are bonded closer to the children and the children with them. There is no preference however for mothers over fathers. In the eyes of the law, both are equal, but the court also looks at all the factors of who should be the primary custodial parent, which puts Dads at a disadvantage because they work. This does not mean father's can't have custody, because they can; but in reality it is pretty rare if the mother has been a caring stay at home mother.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law there are a number of factors for the court to consider in fashioning a parenting plan. Generally the employment status of each parent in itself is not a significant factor.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Custody determinations are made based on a what a court believes to be in the best interests of the child. Generally, employment has little to do with the analysis.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes, but not for that reason, alone. The court will look at all of the circumstances to determine what is in the best interest of the children. Studies show that children with two parents are better adjusted than children with one parent. Try to reconcile for the benefit of the children. All couples fight. To say the split is for the kids is typically self-deception in the absence of abuse. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. Custody is based upon the child's best interests. If however, your wife has been a full time homemaker and has provided the daily care for your child for most of the child's life, and that care has been adequate, it will be difficult for you to get full custody in a contested case.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    That really is not something that would give you full custody. It sounds like you need to get a consultation with an attorney to explain your states requirements.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, custody is determined by the best interests of the child.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Having a job is irrelevant to custody. In determining custody, judges look to the best interest of the child. In short, who parents better. They will look a great deal at things like who takes the child to the doctor, makes breakfast, washes clothes, changed diapers, goes to PTA meetings, takes the child to church, etc.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia, whether or not a parent has a job probably would not in and of itself be a determining factor in a custody case.
    Answer Applies to: Georgia
    Replied: 6/10/2011
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