What are my chances of getting 50/50 custody in my case? 8 Answers as of May 28, 2014

My husband's parents both live with us to take care of our twins, 3.5 year olds. They only speak Spanish. I am not working as of one month ago to take care of the kids with more involvement as to learning to speak more, pre-Kindergarten, and other classes such as summer camp, soccer, etc. If we divorce, do I have a good chance of getting 50/50 of the kids? I am devoted to taking care of the kids. I'm like 'tiger mom'. However, right now, my husband is the 'breadwinner' and he can insist that his parents help take care of the kids at home. They are both over 70+ in age, and I am at home, because they cannot do it alone. Will my husband declare that a live-in Nanny can do my work, and therefore, not grant me 50/50? Where will I live? Again, they barely speak English. Thank you in advance.

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James M. Chandler | James M. Chandler
The custody issue is always based upon the facts presented to the Court and the mediators. Generally 50/50 custody is considered the best interest of the children.
Answer Applies to: California
Replied: 5/28/2014
Law Office of Martin A. Kahan | Martin A. Kahan
You have an excellent chance. Income does not factor in regarding legal and physical custody.
Answer Applies to: California
Replied: 5/28/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Parenting timeshare and placement is guided by the best interests of the children. The court policy is to assure frequent and quality contact between parents and children.
Answer Applies to: California
Replied: 5/28/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
It is possible that you may obtain an order for primary physical custody and dad will have reasonable visitation. Also, if you have no means of support you may qualify for spousal support as well as child support depending on various factors, not the least of which is dad's income. You need to consult with an attorney on these important issues. The future of your children is at stake and this isn't something you want to leave to chance.
Answer Applies to: California
Replied: 5/28/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
California law does not favor one parent over the other. This applies to your situation as well.
Answer Applies to: California
Replied: 5/28/2014
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    I don't know why you'd not get 50% or more as you primarily take care of the kids and your husband works. See an attorney to discuss this.
    Answer Applies to: California
    Replied: 5/28/2014
    Steven Alpers | Steven Alpers
    Normally both parents will get some custodial time. I cannot guess how much because I don't know if there are any circumstances which you ex will argue show a lack of ability on your side to care for the children other than money. Money is not a reason to deny custody.
    Answer Applies to: California
    Replied: 5/28/2014
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Custody and Custodial Schedule of children has nothing to do with who earns more money. They will look to the relationship that each parent has with the children. All of what follows will assume that both parents are basically good parents (no spousal abuse, no child abuse, no child neglect, no excess drinking, no drugs, etc). Did either parent take time off work after the children were born to bond with them? How much time does each parent spend with the children? Which parent takes the children to their doctor's appointments? Which parent takes the children to their activities? If nannies or grandparents do those tasks, then both parents are equal. They will also look to how busy each parent's work schedule is; if you aren't working right now, that will help you because it makes you more available to the children. If he has the children's grandparents living with him, that will help him because having other family around is considered a good thing. I don't see any reason why you wouldn't be given 50% of the children's time, maybe more (up to 80%) while you aren't working, as you are considered preferable for the children to a nanny or even a grandparent.
    Answer Applies to: California
    Replied: 5/28/2014
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