Q: Having to decide custody...one parent emotionally abusive (proof) other parent no income. Who has better odds?
I have endless evidence of spouses emotional abuse, habitual lying, and refusal to co-parent. I have a been a stay home parent since first child (of 5) so kids and I live with family and I have no current ability to get a job. Spouse also lied about having ability to pay child support without court order but was actually using that money to get into a large house as part of plans to take custody. FYI my spouse is a narcissist if that tells you anything about behavior and motive.
A: A parent's earning capacity is irrelevant to the determination of parenting time and/or legal decision-making. Your living situation may be a factor though if the home is too crowded to appropriately accommodate the children.
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