QUESTION
If a custodial parent does not work should they be able to maintain custody?
Asked on Oct 31st, 2012 on Child Custody - Alaska
More details to this question:
My boyfriends ex was granted custody of their son she was arrested on felony charges but is out and awaiting court date. She has not worked since and cannot get a job she lives solely on the child support he provides and her other ex pays. Could he use the fact that she has these charges and no income outside of child support be grounds to help him gain custody.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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He should file for custody.
Answered on Nov 06th, 2012 at 8:14 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If she is convicted of the crime, that could be a change of circumstances for a review of custody. However, her not working is not.
Answered on Nov 02nd, 2012 at 10:04 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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To change custody the court will look at 12 factors to see if a change is in the best interest of the child. There is no requirement that a parent work but the reason behind that choice can be considered. The criminal charge is another factor for consideration. Before filing a custody motion the non custodial parent should review all factors that the court will look at and see which ones favor each party
Answered on Nov 01st, 2012 at 6:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Her felony charges may help with custody - see what the outcome of her court hearing is. Her not working has to do with support, not custody. Support is based on time and money.
Answered on Nov 01st, 2012 at 6:19 PM
In reply, he coud use those facts along with her potential INCARCERATION IN AN ATTEMPT TO OBTAIN CUSTODY OF THE CHILD, ESPECIALLY IF THE FELONY CHARGES ARE DRUG RELATED. I WOULD ADVISE YOU TO OBTAIN LEGAL COUNSEL TO GO THROUGh THE PROCESS.
Answered on Nov 01st, 2012 at 6:18 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Those are factors that the court can consider, the criminal record of the mother.
Answered on Nov 01st, 2012 at 6:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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He can use anything he believes is relevant to what is in the child's best interest. In deciding how to allocate parental responsibilities, there is no one thing that will cause a judge to decide one way or another. Simply not working is generally not especially relevant to what is best for the child.
Answered on Nov 01st, 2012 at 6:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would certainly be factors, your boyfriend should engage in attorney, provide the details, and get reliable advice based on the actual circumstances of the case.
Answered on Nov 01st, 2012 at 6:17 PM
Theodora B. Fader
The arrest and felony charges may be a sufficient change in circumstances or cause to move forward with a motion for a change in custody, depending upon what mom was charged with and the surrounding facts and circumstances.? You should speak with an attorney to determine how to proceed.
Answered on Nov 01st, 2012 at 6:16 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The charges are potentially grounds for a modification. The financial situation is not.
Answered on Nov 01st, 2012 at 6:15 PM
Michael Paul Vollandt
The criminal charge for sure. Not for the fact she is not employed. If she goes to jail the he could try to get a ex parte Order for custody.
Answered on Nov 01st, 2012 at 6:14 PM
Suzanne H. Lombardi
Yes - depending on what the charges are and if they are relevant to custody he might be able to gain custody. There are a lot of different interests at play so I would suggest consulting with an attorney so that the paperwork is correct and you are mounting the best arguments.
Answered on Nov 01st, 2012 at 6:13 PM