In Utah, the factors a court routinely considers in making its child custody determination are: 1) First and foremost to the children's primary caregiver is. "Primary caregiver" is stupidly defined by most Utah courts to mean whoever spends the most time in the physical presence of a child in caring for a child. This means that if a husband and wife have agreed that the husband has the superior earning power and will work 9 to 5 to provide his family with the necessities of life, while the wife stays home to care for unsupervised children personally on a daily basis, the wife if "the primary caregiver." Never mind that what enables the wife to stay home with the children and provide personal care to them during the day if the husband working 9 to 5 during the money making that possible. As you can see, I don't think the primary caregiver factor in the way it is defined in Utah is fair or equitable to parents or children, but I don't make the laws. 2) Parental fitness. Obviously, primary caregiving isn't very important if the caregiver happens to be an abusive or neglectful parent. 3) Residential environment. If a parent wants sole or joint custody, but lives in a van down by the river, that parent's prospects are poor. 4) Parent schedule. Although our culture is changing, men still work outside the home more than women, and women are full-time homemakers in larger numbers than men. So if a man wants sole custody or joint custody of his children, but works 40 hours or more outside the home, that makes sole or joint custody unworkable. So to the unemployed man who asked the question, "Can I get joint custody of my kids?", the answer is, maybe, and your unemployed status actually helps you make a claim for joint custody because, as you stated, you can take care of the kids when your wife is working. Where there is a fight over child custody in a divorce, I can't imagine trying to obtain a joint custody award without an attorney's help. Best wishes.
Answered on Sep 05th, 2013 at 10:50 AM