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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption