Can you get child custody with no job? 44 Answers as of August 12, 2011

My husband is trying to control my every move. I want to leave but he said if I leave if cant take my son because I don’t have a job. Could I get custody?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Employment is not a basis for determining custody. The Court will adopt a parenting plan in your child's best interests.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
yes, if you can prove to the court that it will not impair the child's relationship with the other parent, and that it is in their best interest - it is possible. Note, I did not say easy and yes, best pursued with counsel.
Answer Applies to: Rhode Island
Replied: 8/3/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Having a job to support your child is just one of many factors. The judge will decide what is in the childs best interest and if you have no job and your husband has a job and you are awarded joint physical custody the court may award you child support.
Answer Applies to: California
Replied: 8/1/2011
Thomas Humphrey, Attorney at Law
Thomas Humphrey, Attorney at Law | Thomas Humphrey
A court determines custody on the basis of what is in the best interests of the child. Factors that go into that determination include the age of the child, who has been the primary caretaker and the like. While you will probably getting a job in the future, and while that will be one factor a court will consider, you can still get physical custody of your child if the court determines that is best for the child.
Answer Applies to: Idaho
Replied: 8/1/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are divorce attorneys in Augusta, Georgia. We recommend that you contact a divorce lawyer ASAP. Each divorce case is different, but we have handled a number of cases in which child custody was determined based upon other factors. Therefore, see a divorce lawyer as soon as possible about your rights and options. Good luck.
Answer Applies to: Georgia
Replied: 8/1/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Placement of a child is based upon best interest of caring for the child, not who has a job. Sometimes that factors into it as far as appropriate living conditions for the child, but if you have a plan for that, it should not be an issue.
    Answer Applies to: Wisconsin
    Replied: 8/1/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Employment is, technically, irrelevant to custody.
    Answer Applies to: Nevada
    Replied: 8/1/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Having a job is not a basis for a child custody determination as long as you can show the court that you have some ability to maintain a home. This could mean living with family or getting an apartment. This could happen if you are entitled to alimony. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 7/31/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Whether you have a job per se, does not affect your custody rights. The court will look at who is the primary care taker of your son. Likewise, your Husband will have to pay child support and maybe alimony depending on the financial situation and the length of your marriage.
    Answer Applies to: Massachusetts
    Replied: 7/31/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You will need some means of support, but some of that may come from your husband in the form of spousal support and child support. See a local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 7/31/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes. If you are the primary caregiver to the child, your employment situation does not change your custodial rights. If anything, the court may permit a higher child support order if you request it due to your financial situation.
    Answer Applies to: California
    Replied: 7/31/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Yes, absolutely. Contact our office to discuss how we can help you.
    Answer Applies to: North Carolina
    Replied: 7/31/2011
    Durgin Law, LLC
    Durgin Law, LLC | Pearl Hsieh
    Sure you could get custody of your child. A job is important and definitely a consideration (a big one) but not the only consideration.
    Answer Applies to: Kansas
    Replied: 7/31/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law whether you would be granted primary residential care of your child does not depend on whether you have a job. However, if you move out, it might raise questions as to whether you can provide a adequate home for your child. You may need to ask the court to require financial support for you and your child, and you may want to ask the court to decide which of you should be living in the home. See an attorney in your area for more information about your specific situation.
    Answer Applies to: Washington
    Replied: 7/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Stop listening to your husband and get a lawyer. Whichever parent is more fit gets custody. Lacking a job may in fact give you advantages, as you would be available 24/7 to care for the child, and he is not. If you get the child, the court will order him to pay child support, and, possibly alimony.
    Answer Applies to: Georgia
    Replied: 7/30/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The fact whether someone has a job or not is not in and of itself determinative of a custody decision. In fact, it could work in your favor if you've been stay at home parent. You need to have a consultation with a family lawyer regarding the details of your case and how the law might apply to your situation. Contact me if you would like to set up a consultation appointment.
    Answer Applies to: Georgia
    Replied: 7/30/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Yes, you can have custody without a job. If your primary job was to care for your child during the marriage, you would be entitled to spousal support and child support to assist you in raising your child. You should contact an attorney before you leave the marriage in order to take steps to protect yourself and to make sure that you are cared for financially.
    Answer Applies to: California
    Replied: 7/30/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is no requirement to have a job to get custody. In fact, not having a job is the position of most all stay at home moms, by definition. So, the mere fact that you are not employed should not impact your ability to be the primary residential parent of the child. Now, the court is likely to tell you that you are going to have to see about getting a job sooner or later. This is because the court takes the position that both parents have an obligation to support their children.
    Answer Applies to: Washington
    Replied: 7/30/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    Yes, you can have custody. He would be paying you spousal and child support to aid you in caring for your child. It sounds as if you need to retain an attorney to protect your interests. If you are not employed, the courts will likely order him to pay your attorney fees as well.
    Answer Applies to: California
    Replied: 4/27/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    Yes. He's mistaken.
    Answer Applies to: California
    Replied: 4/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you can still get custody because he must pay child support and may have to pay maintenance of you until you can get work.
    Answer Applies to: New York
    Replied: 4/27/2011
    Naziri Hanassab LLP
    Naziri Hanassab LLP | Vahid Naziri
    You can get custody with no job...many wives have been the homemaker and they still get primary physical custody. You will need to support from your husband as well and can request immediately after filing for divorce by way of an Order to Show Cause.
    Answer Applies to: California
    Replied: 4/27/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your husband is basically wrong. There are many variables in deciding what is in the best interest of a child for the purposes of allocating parental responsibilities (Colo no longer uses the term "custody"), but whether a parent has a job isn't particularly relevant in most cases. In fact, under some circumstances, having a job might be detrimental if that means there is no one who can care for the child. You need to contact an attorney for a initial consultation (usually that will be at no cost) to get a better understanding of what you can expect in your specific situation.
    Answer Applies to: Colorado
    Replied: 4/27/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    Unemployment is not a barrier to obtaining or maintaining child custody. Availability for child care may actually help your chances of obtaining or retaining custody. An inability to maintain a home at an acceptable level may be a negative, but housing is an issue you will have to deal with regardless.
    Answer Applies to: Ohio
    Replied: 4/27/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Leave, take your child and file for divorce requesting child and spousal support, hire a family law attorney.
    Answer Applies to: California
    Replied: 4/27/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    In Florida, your not working is not a consideration in determining a parenting plan for the children, unless the reason for not working is due to misconduct of some sort. The choice of two parents to have one stay at home as a homemaker would not be used against you. The court looks at several factors, namely the best interests of the children in establishing a Parenting Plan (Custody/Visitation schedule).

    The court will consider who has provided parenting during the marriage, each parents work schedules and availability, each parents' ability to encourage a positive relationship between the children and the other parent, among other factors. Until a court order is entered both of you have equal rights to the children. So, if you want to leave, you can take the children with you and your Husband cannot stop you. Further, he can keep the children and you cannot stop him. These tugs of war are extremely damaging to the children, so it is better to agree upon an arrangement before separating if at all possible.

    You should consult with an attorney before making any decision to see what the consequences may be in your location.
    Answer Applies to: Wisconsin
    Replied: 4/27/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Custody will be established according to the best interest of the child. The fact you have no job is only one VERY SMALL consideration. That is why the law provides for child support.
    Answer Applies to: California
    Replied: 4/27/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Custody decisions are based on a child's "best interests." There are many factors that are included in a "best interests" determination. Being unemployed is NOT a factor that would prevent one parent from having custody.
    Answer Applies to: California
    Replied: 4/27/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Sure. I'm always amazed by this argument. In fact, no job probably helps your case.You both have a duty to support the children, but in determining who should be the primary caretaker, it is most often given to the person who has the closest relationship and who has performed the most parenting functions - which is probably you if you were not working and he was.You should consult with an experienced family law attorney. Many do a free consultation If they don't tell you about the collaborative process option, find someone ethical enough to do so.
    Answer Applies to: Washington
    Replied: 4/27/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes you can get custody without a job and child support. We offer free consultations. Feel free to give us a call.
    Answer Applies to: Utah
    Replied: 4/27/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes. Often times it is more likely that the unemployed person would get custody due to the involvement with the children and time available.
    Answer Applies to: California
    Replied: 4/27/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The only thing the Court considers when looking at custody is Best Interest of the Child. That said, how will you support the child if you don't have a job? As long as you can answer that question with some reasonable response, then you get past the only issue he has so far. The other thing is that it sounds like your husband is using the threat of child custody as a means to force you to remain in the marriage.

    I would suggest either you get some family support around you and file the inevitable divorce, take your chances, or get yourself and him to counseling. I have questions I want to ask, but this response is subject to positing on an open forum and therefore this is not the place. If you live in Dallas County or Collin County, please give my firm a call, I have a couple personal questions to ask you. Otherwise, I will tell you the same as I would tell anyone - get local counsel sooner rather than later.
    Answer Applies to: Texas
    Replied: 4/27/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Your husband is wrong. But you need to know what the law is, and how it applies to you and your son. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, child custody determinations are made based on what a court determines to be in the child's best interests. Certainly concerns about financial and residential stability can be considered. However, those are just a small fraction of the factors that a court will consider when making its decision. Often, how well you present the relevant facts in the context of the statutory criteria determines the outcome. As a result, hiring experienced legal counsel can be critical.
    Answer Applies to: Minnesota
    Replied: 4/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes, absolutely. Please contact the office if you wish to discuss further.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Whether or not you have a job is not a factor in determining if you should have custody. Your finances can be equalized by the paying of spousal and child support. You will need to obtain employment at sometime, for many reasons, but it isn't an issue with regard to custody and visitation. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/26/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Having a job is not a prerequisite for getting child custody. You should consult and preferably retain an experienced Family Law Attorney to represent you in your divorce and child custody case. You should be able to get child custody, child support, spousal support, your 50% share of community property, and likely an order for contribution by your husband to your attorney's fees in your divorce case.
    Answer Applies to: California
    Replied: 4/26/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    The courts looks at "the best interest of the child" standard, which does take into consideration one's income, but also looks at many others factors as to who and why one parent can provide the "best" for the child.
    Answer Applies to: Illinois
    Replied: 4/26/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    There are multiple factors, such as how long you were married, but the answer to your question is, "of course you can." Consult a family law attorney near you. Stay well.
    Answer Applies to: Alabama
    Replied: 4/26/2011
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