If I were to divorce my husband and he is the sole source of income, could I stillbe awarded custody?

UPDATED: Jan 16, 2011

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If I were to divorce my husband and he is the sole source of income, could I stillbe awarded custody?

My husband and I have 3 children together – 8, 7, 2 years old (2 boys and a girl). We just recently move here and we have no one to watch the kids after school or the youngest during the day. With our financial situation we can’t afford daycare or anything like that. For the past 2 years I having been thinking as to whether or not to leave. But with my husband being bringing in the only income, I am afraid he will use that to get custody of the kids. What can I do? It is making me so unhappy to be here but I am afraid that I can’t provide for my kids and he will use that to take them away.

Asked on January 16, 2011 under Family Law, New Hampshire


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your question is far more complicated than you think and it may also include that just because you live here now, you may not have obtained residency to file for divorce here. As to your income situation, there are other factors, including whether this state (assuming you have residency) is more mother than father friendly as to custody and if your spouse will be required to pay both alimony and child support. If you have no medical issues, you should consider seeking other help (state or otherwise, including moving to where you may have family) to go to work while your children are in school or day care or after care.  Many locations now have onsite care so just keep looking.

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