If my husband is the primary caregiver to our son simply because he has no job, will he get custody?

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If my husband is the primary caregiver to our son simply because he has no job, will he get custody?

He wants custody but if I move out there is no way for him to pay bills since I am working to support us. Does he have any chance of winning custody?

Asked on December 4, 2012 under Family Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue of custody involves more than just being home, it involves the ability to actually support the child financially and provide a safe and healthy environment.  It may not be in the best interests of the child to have the child be in the custody of an individual who cannot financially support himself or the child. Since you are the primary financial supporter, custody may be with you but you need to show all you will be able to provide this child (safe environment, consistency with school friends, environment, and so forth).


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