Q: Can my husband take my kids away if he is the sole breadwinner and we have a prenup?
I am a 33 year old mother of 2, (8 & 4). My husband recently started a business 2.5 hours away and lives there during the week. He told me he wanted a divorce and will be fighting me for custody and wants the kids to move where he lives. We have been here almost 5 years, my son is going into 3rd grade and both of my kids are in after school activities here, basically this is where their life is. The problem is he is the sole breadwinner, because I have stayed at home with them! We have a prenuptial agreement basically stating I get nothing if we get divorced. He is threatening me saying he would win custody because he has the money. I'm the one that does EVERYTHING for them! He has no involvement in their schooling, friends, activities, and has only been here on the weekends. When he is here he barely plays with them. Anyways, can he take them away because of the money situation? The business he just started isn't making very much right now, but he has a lot of savings in accounts.
A: You need a lawyer. He would most likely have to pay your fees. Even if the prenup says he does not have to, he cannot get our of temporary fees, per Florida law. There is too much at stake here. I believe you will ultimately prevail, barring any extenuating circumstances. Please seek representation.
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