If my husband and I get a divorce who would get custody of our child? 32 Answers as of August 08, 2011

We have been married 2 1/2 years. When we found out we were pregnant my husband insisted on me staying home to care for her. I have no income except from him. He wanted everything in his name only so both of our cars are in his name. Would he get custody?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will adopt a plan in the child's best interests. Money alone, is not a factor.
Answer Applies to: Washington
Replied: 8/5/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Based on what you have written, NO, if you take care of the baby full time, you should get custody. The judge will take a lot of things into account, but if you take care of the baby all of the time, and everything is fine with the baby, then you should be given custody. you will need money from him.
Answer Applies to: New Jersey
Replied: 8/2/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
There are many different factors that influence custody. being a stay at home mother is not gronds for losing custody. I would suggest you consult a local attorney and provide more information so that a clearer opinion can be expressed to you.
Answer Applies to: Connecticut
Replied: 8/1/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
No he would not get custody based upon these facts. The court determines how should receive custody based upon the "best interest of the child" standard. In this standard, the court will determine who is best fitted to care for the child financially, emotionally, and physically and make its ruling accordingly.
Answer Applies to: Illinois
Replied: 7/30/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
In Ohio, the courts strongly prefer a shared parenting plan in a divorce. But a local domestic relations attorney can give you better and more information.
Answer Applies to: Ohio
Replied: 7/29/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    The analysis of Courts in North Carolina is the best interest of the child. Both parties will put on evidence before a Judge if an agreement is not reached.
    Answer Applies to: North Carolina
    Replied: 7/28/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your husband would not receive custody simply based upon his better financial condition. Custody decisions are made in "the best interest of the child," and your contributions as a mother staying at home will count as much as his financial contributions. The court will decide based upon a set of factors which parent should have primary custody, or whether both parents should share custody equally. Only if one parent is decidedly unfit will the court award an order of sole custody to one parent or the other.
    Answer Applies to: Louisiana
    Replied: 7/28/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You would likely get sole or primary Child Custody since you have been your daughter's primary parent since birth. You would be entitled to receive Child Support, Spousal Support and Attorney fee ordersin a divorce case. It does not matter that the cars are only in your husband's name; if they were bought with community funds (such as your husband's income), or on community credit (such as your husband's credit during the marriage), they are community property, and the Court divides net community property 50/50.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Custody of the cars or your child? Child custody is determined by what is in your child's best interest and not whether you are a stay at home parent or not. Typically the court maintains the status quo of what the current visitation schedule is. That is, if you husband works during the week and has the weekends free, the court will likely order that your husband have the weekend time (or at least 2-3) while you have the weekday time. The ultimate goal is that when the child gets older that he/she spend as much time as possible with both parents.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If you have been the primary caregiver to the child you may get custody.
    Answer Applies to: Alabama
    Replied: 7/28/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your husband has parental rights, as do you. There isno reason, based upon the information you provided, that you would not both share legal and physical custody ('joint' legal and physical custody). There are several factors which could affect either party's grant of custody, such as drug use, physical violence, or any other behavior or evidence that might cause the Court to think that the parent was a danger to the child. You might not be working and have more timeavailable to spend with the children, so it might very well be appropriate for you to have a greater share of visitation. Certainly do not settle for less then 50/50 visitation,with maybe'week on/week off'. You are entitled to receive child support and spousal support, though the spousal support will probably only last about half of the term of the marriage (~15 months). You should be able to get one of the cars, if both were purchased during the marriage.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    There is no guarantee as to who will get custody of your child as the courts look at many factors. Since your child is young and you are the primary caretaker of the child, you may be able to seek primary custody. Although your property is in the name of your husband, you are entitled to your community share of the property. Additionally you would be entitled to child support and spousal support for a limited time. You should contact an attorney immediately so that your financial interests are protected and so that you can learn about what your rights are in regards to custody and visitation.
    Answer Applies to: California
    Replied: 7/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Nothing in your post answers that. Custody is determined by the best interests of the child, not money. Make sure you have a good lawyer.
    Answer Applies to: Georgia
    Replied: 7/28/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    Don't worry, I think that in this type of situation you would have a much better chance then him for getting custody. In New Jersey, the Judge will award custody of child after determining what would be in the best interests of the child. Since you have been the child's primary caretaker her entire life while the father was the "breadwinner" the child is likely to be much more bonded to you. You would have to prove your case, but you have a much better chance. Your lack of income does not have to be a major factor since the Judge could require the father to pay child support to you, and possibly temporary or permanent alimony as well.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your question is not dependent upon the facts you provided. It is impossible to say who would get what according to your facts.
    Answer Applies to: California
    Replied: 7/28/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Who makes the money has very little to do with who would get custody. There are two types of custody when there is a divorce and there are minor children. Legal custody means who will make the decisions as to the health, education and welfare of the children and the court in a very high percentage of cases awards joint legal custody so you both decide jointly on these major issues. As to physical custody the court will decide what is in the childrens best interest and in most cases, with young children, the court will split physical custody down the middle. Also the court will decide how much child support (if any) that your spouse will have to pay you.
    Answer Applies to: California
    Replied: 7/28/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    The judge will look at a lot of factors before determining who gets custody - you will likely want to speak with a local attorney who can guide you through the process and give you an idea of how your particular case would go.
    Answer Applies to: Illinois
    Replied: 7/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There is no simple or easy answer to your question. First, Colorado no longer uses the term custody and, instead, allocates parental responsibilities by the adoption of a Parenting Plan approved by the Court. The Plan must deal with the question of how parenting time is divided between two parents, who has what decision-making authority, who pays what financial obligations, including child support and anything else relevant to parenting the child. The system expects and encourages parents to develop an agreed plan; if they are unable to do so, a judge will decide things and establish a Plan that serves the best interest of the child. That requires much more information about the overall family situation and there is no fixed rule about where the child will live. But, it is important to remember that the only focus is on the child - not what either parent wants or believes is "fair" to the parent. You may wish to consult a mental health professional and/or an attorney to discuss the potential results of a disputed decision by the court so that you and your husband have a more realistic set of expectations about parenting after divorce. Every Colorado court has a mandatory parenting class that you will be required to attend once the case is actually filed.
    Answer Applies to: Colorado
    Replied: 7/28/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Not necessarily. There are a number of factors that go into a child custody determination. There are plenty of wealthy individuals that make lousy parents and poor individuals who are wonderful parents. There are also a number of different forms of short term alimony to help you adjust to life as a single person. I suggest you consult with a local Family Law attorney to discuss the case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    From the information provided, it is pretty much impossible to tell who would end up being the primary residential parent of your client. There is a long list of factors that the court is supposed to consider in crafting a parenting plan in Washington. Some of those factors include: Has there been domestic violence. Has there been sex abuse. Has there been child abuse. Does either parent have a problem with alcohol. Is there drug abuse in the case. The relative strength, nature, and stability of the child's relationship with each parent. Whether a parent has taken a greater responsibility for performing the parenting functions relating to the daily needs of the child. Whether there are any agreements between the parties. Each parent's past and potential for future performance of parenting functions. The emotional needs and developmental level of the child. Each parent's employment schedule. As you can see, there is a "tub" of factors that the court is supposed to consider. With having good, provable facts for each of those factors, making any useful prediction is pretty much impossible.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law the emphasis is on developing a parenting plan that involves both parents spending time with the child. If there is going to be a home where the child lives a majority of the time, it is often the home of the parent who has done the majority of the parenting up to the point. Also, the court will need to set child support, and can order spousal support. Property acquired during the marriage is subject to division even if it is in only one person's name.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You will probably be awarded custody if you've done a good job so far taking care of your child while your husband was away working.
    Answer Applies to: Oregon
    Replied: 7/28/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The courts will place the child with the parent that provides the day to day care for the child. From your description, you have been in that role since the child's birth.
    Answer Applies to: California
    Replied: 7/28/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Custody and parenting time are determined according to the child's "best interests" based on several statutory factors; however, the information you provided does not directly relate to those factors. I would recommend you speak with an attorney to discuss your particular situation and how the statutory factors may affect your situation.
    Answer Applies to: Arizona
    Replied: 7/27/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Income and property have almost nothing to do with who the child resides with most of the time. It sounds like you have been the primary caretaker. If there is no reason to change that, it will probably continue. You'll get child support and a fair division of the property regardless of how it is titled. See my website for how custody, child support and property divisions decided.
    Answer Applies to: Washington
    Replied: 7/28/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    If custody is contested, the court will look at a number of factors which are found in 23 Pa.C.S. 5328. The factors are: (a) FACTORS. In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following: (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party. (2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child. (3) The parental duties performed by each party on behalf of the child. (4) The need for stability and continuity in the child's education, family life and community life. (5) The availability of extended family. (6) The child's sibling relationships. (7) The well-reasoned preference of the child, based on the child's maturity and judgment. (8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs. (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.(11) The proximity of the residences of the parties. (12) Each party's availability to care for the child or ability to make appropriate child-care arrangements. (13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. (14) The history of drug or alcohol abuse of a party or member of a party's household. (15) The mental and physical condition of a party or member of a party's household. (16) Any other relevant factor.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    In most cases the Court would award joint custody of your minor child. Or you would agree to joint custody as part of your marital settlement agreement.
    Answer Applies to: Wisconsin
    Replied: 7/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Not necessarily but he will have to pay support.
    Answer Applies to: Connecticut
    Replied: 7/27/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This is not a question that can be answered by a simple email. This is a very fact-specific issue and you must consult with an attorney about the details of your specific background and situation. I will say that, barring any such issues as substance abuse, physical abuse, etc., a main factor the judge would look at in making a custody decision is who has been the primary caretaker of the child. There are many variables that go into this decision and you need to talk to a family law attorney in depth about your particular case in order to get any idea of the viability of his (or your) custody case.
    Answer Applies to: Georgia
    Replied: 7/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is impossible to predict what a court will do; however, we strongly recommend that you retain a divorce lawyer as soon as possible, to discuss your rights and options. Just because he presently works outside the home, that does not end the inquiry. We are confident your attorney will discuss with you how to present your best case for attempting to obtain primary physical custody. Good luck.
    Answer Applies to: Georgia
    Replied: 7/27/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    If you are the primary care take of your child then you have a good chance at retaining primary physical custody. The fact that things are in his name is irrelevant regarding a financial settlement. I would need more information from you but I strongly suggest you contact an attorney, soon.
    Answer Applies to: Massachusetts
    Replied: 7/27/2011
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