Portland, OR asked in Family Law and Child Custody for Oregon

Q: Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income

Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried. I have full sole and legal custody due to my ex criminal background. He had to start paying support finally and now he wants custody all of a sudden

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage in a contested custody case. As you note, your current spouse's income won't be used to calculate the presumed amount of child support under the Oregon child support calculator. Custody claims are often very complex, so I recommend you contact an attorney to discuss the specifics of your case.

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