Q: If I’m a stay at home mom and file for divorce Can I get primary custody of our kids?
I’m thinking of divorcing my husband. I’m a stay at home mom. I have no job and no GED I’ll need to work for those items but I’m scared if I file he will get our kids. He doesn’t want or deserve custody of them. But I was told since he makes the money he will get them. Is this true? This is what is stopping me from filing for divorce. I don’t want him to have primary custody.
A: The two of you are going to "share" the children. Nobody gets "primary custody." The schedule will be based on both parents availability as well as the parents historical roles. Since you are a stay at home mom presumably you have done most of the work regarding the children. This will be a factor in your favor but does not mean that he will be excluded from sharing time with the children.
Mr Eric Klein agrees with this answer
A: Although I agree with my colleague, Attorney Lieber, to directly answer your question, the fact that you were told that since he makes the money he will get them is NOT true. Do not let this stop you from filing for divorce.
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