Could my husband take custody of our child just because he makes more money? 12 Answers as of July 02, 2015

I want to file for divorce from my husband of 6 months. I am 4.5 months pregnant and he says if I file a divorce, he will join the military and make more money than I do so the court will let him have the baby when it is born.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No that is not the case. you need a Lawyer who will fight for you.
Answer Applies to: Georgia
Replied: 7/2/2015
S. Joseph Schramm | Joseph Schramm
The determines custody based on the best interests of the child. This does not mean the person who is making more money, but rather the person who can provide the more stable home environment. Under the scenario you describe it would be more likely that you would be the person who would be awarded custody of your child.
Answer Applies to: Pennsylvania
Replied: 7/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Estranged husbands are the last place to go for legal advice. His making more money will give him no advantage in terms of custody or placement. It very well could, however, make him liable for paying a higher level of child support. (I always advise clients and other lawyers not to gloat; it only gets you in trouble).
Answer Applies to: Wisconsin
Replied: 7/1/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Income is not a factor. The court determines what is in the best interest of the child.
Answer Applies to: California
Replied: 7/1/2015
Law Office of Robert E McCall | Robert McCall
BS threat from the Husband. The Services require the residential parent to surrender custody until they finish basic train, which can take up to one year. Also there are restrictions on a parent taking a child out of the country. A fact that the H makes more then the Mother is a consideration but not controlling.
Answer Applies to: Florida
Replied: 7/1/2015
    Diane l. Berger | Diane L. Berger
    There is no jurisdiction I have ever heard of where income is the deciding factor for custody.
    Answer Applies to: Nebraska
    Replied: 7/1/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    The court is required to do what is in the child's best interest. Just because someone makes more money doesn't mean the child with go with that parent.
    Answer Applies to: Michigan
    Replied: 7/1/2015
    Peyton and Associates | Barbara Peyton
    The amount you earn is not the standard for good parenting. If he is in the military how can he take care of a child?
    Answer Applies to: California
    Replied: 7/1/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Economic status does not control placement of a child for custody. Since the child will be a newborn and your spouse has plans on going into the military, it seems highly unlikely that he would be in a position to have any parenting time except in limited circumstances.
    Answer Applies to: California
    Replied: 7/1/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Making more money is not the basis of a custody decision.
    Answer Applies to: New York
    Replied: 7/1/2015
    Attorney at Law | Aimee C. Robbins
    No. Don't listen to your husband's nonsense.
    Answer Applies to: Maryland
    Replied: 6/30/2015
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