Can I get primary care of my children?

UPDATED: Sep 30, 2022

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Can I get primary care of my children?

I am a disabled stay at home dad. I’m going through a divorce and want to know my chances of getting primary care of my 2 daughters ages 14 months and 7 years old. I do cleaning, washing of clothes, cooking, breakfast, getting kids up for school getting them on bus, homework, picking up kids from school if sick, getting them to doctor, dentist, picking up

prescription, and taking care of all of the 14 month old’s needs. I try to do everything possible. And the 2 children from this marriage also have a bother and sister from my previous marriage at home also that I have primary care of. My wife works and wants me and my 2 previous

marriage children out of home which she had 1 year prior to our marriage and want the 2 children we have in day care and summer camps and when school starts extended days. The children are home with me I have them everyday. There is no need for and day care or extended care for them for I do this now. So what are my chances?

Asked on June 9, 2016 under Family Law, Alabama


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is possible to get primary care, but it is not a guarantee either way. 
You have some good facts on your side.  You have functioned as the primary parent for an extended period of time.  You have two sets of children which have the right to grow up and continue to be involved with each other.  Even though courts are not supposed to take into consideration under the ADA, some will because they have a bias.  You really need to visit with a family law attorney in your jurisdiction to get a feel of how your local judges feel about your particular disability. 
Her argument will be that she is the better provider because she works and does not have a disability.  Your response to this is that she has consistently delegated parenting duties to you (despite your disability) and that child support can be utilized to address any discrepancies in income. 
As for what you have now... you can remain in the home until a court orders you to do something different.  You really need to visit with a family law attorney, get temporary orders in place, and thereby a set of rules regarding who does what and when.  She may have a right to the home she had prior to marriage, but you may also have certain claims for reimbursement to assist you with starting over.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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