QUESTION
Can you get child custody with no job?
Asked on Apr 25th, 2011 on Child Custody - California
More details to this question:
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?
22 ANSWERS
3 Awards
Employment is not a basis for determining custody. The Court will adopt a parenting plan in your child's best interests.
Answered on Aug 05th, 2011 at 5:54 AM
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.
Answered on Aug 01st, 2011 at 12:46 PM
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.
Answered on Aug 01st, 2011 at 12:14 PM
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.
Answered on Aug 01st, 2011 at 8:34 AM
Family Law Attorney serving Las Vegas, NV
at
Willick Law Group
Update Your Profile
Employment is, technically, irrelevant to custody.
Answered on Aug 01st, 2011 at 6:00 AM
2 Awards
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.
Answered on Jul 31st, 2011 at 8:51 AM
Family Law Attorney serving Boston, MA
at
Law Offices of Susan Correia-Champa
Update Your Profile
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.
Answered on Jul 31st, 2011 at 8:40 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
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.
Answered on Jul 31st, 2011 at 8:36 AM
Yes, absolutely. Contact our office to discuss how we can help you.
Answered on Jul 31st, 2011 at 7:15 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Family Attorney serving Seattle, WA
at
Seattle Divorce Services
Update Your Profile
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.
Answered on Jul 30th, 2011 at 10:16 AM
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.
Answered on Jul 30th, 2011 at 9:56 AM
Patricia C. 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.
Answered on Jul 30th, 2011 at 9:47 AM
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.
Answered on Jul 30th, 2011 at 9:47 AM
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.
Answered on Apr 27th, 2011 at 11:15 AM
Personal Injury Attorney serving Woodland Hills, CA
at
VN Law Group P.C.
Update Your Profile
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.
Answered on Apr 27th, 2011 at 10:32 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
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.
Answered on Apr 27th, 2011 at 8:08 AM
Employment & Labor Attorney serving Oregon, OH
at
Rice & Co.
Update Your Profile
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.
Answered on Apr 27th, 2011 at 8:05 AM
Family Law Attorney serving Fountain Valley, CA
at
Law Office of Edwin Fahlen
Update Your Profile
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.
Answered on Apr 27th, 2011 at 7:46 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
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.
Answered on Apr 27th, 2011 at 7:33 AM
1 Award
Yes. Often times it is more likely that the unemployed person would get custody due to the involvement with the children and time available.
Answered on Apr 27th, 2011 at 7:28 AM
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.
Answered on Apr 26th, 2011 at 9:39 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
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.
Answered on Apr 26th, 2011 at 9:33 AM