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Is custody automatically granted to stay at home parents?

When a couple is getting a divorce, one of the biggest topics of discussion and concern is which parent will receive primary custody of the child or children. Some parents may fear that the parent who stays at home with the children will automatically be granted full custody simply because they spend more time together. However, it is important to know that this is not the case in many situations.

The judge will not automatically grant the stay at home parent full custody. They will take a number of factors into account and ultimately, they will grant the parent that is more fit to support and take care of the children custody. It is the judge’s responsibility to always do what is in the best interest of the children. One of the factors that is taken into consideration when making this decision is determining who can best support the children. If one parent is not bringing in any income that they would use to financially support the family, that will have an effect on the decision that is inevitably made.

There are a number of different factors that go into determining who will have primary custody of the child. You should not be terribly concerned that you will not be granted child custody if you are the spouse that goes to work while the other parent stays home with the children. Additionally, it is an outdated notion that the working parent is not as suitable to take care of children because today, both parents are usually working in order to support the family. If you are considering divorce but have questions about your specific situation for matters including child custody, speak with an experienced family law attorney who can assess your case.

If you require experienced legal assistance for any of your real estate, bankruptcy or family law matters, contact the Mark Scollar Law Office today to schedule a consultation.

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