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obtaining custody in a divorce

Okay I am the mother of 2, but I am a housewife, trying to obtain a degree going to school online so I can get a decent job, it will be my way out. For those of you who have custody of your children. What does it require as a mother to obtain full custody. My husband seems to think I will lose that battle because I dont have a job. Im sure thats a given, but I am waiting until I graduate and get a good job before I do anything. I am just curious what all it takes to obtain full custody, and how good his chances would be of getting full custody if he tried. I am in Indiana if that matters

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Anonymous

Asked by Anonymous at 2:51 PM on Dec. 14, 2009 in Relationships

Answers (5)
  • an agreement between you both would be easier on all.. but if that can't happen you need: a stable place to live preferably close to their school, a job that will allow you to be with the kids more than him, no crime record, no past history of abuse or neglect, & a supportive family helps.
    Note the fact that you are/were a stay at home mom is good because then you can say you were/are the main caretaker of the kids.
    maiahlynn

    Answer by maiahlynn at 3:01 PM on Dec. 14, 2009

  • It's really hard to obtain FULL CUSTODY if the father is a good dad & wants partial custody. In order for you to get full custody, you will have to prove him unfit. If he is actually fit, then you may want to sit with him & try to come up with a plan that you both think will work out.

    As far as you not having a job? That will not mean anything. He is just scared of having to give you child support & alimony, which he will have to do. The judge looks at who is more able to care for the kids, if he finds that both of you are capable, then he will most likely split custody. They only give one parent sole custody if the other parent is totally unfit.

    You should really think of filing joint custody, w/ you being primary parent. Primary parent means that they go to school in your district & you take them to the Dr. & stuff, but there dad will still have parental rights too.
    samurai_chica

    Answer by samurai_chica at 3:55 PM on Dec. 14, 2009

  • THEIR dad...
    samurai_chica

    Answer by samurai_chica at 3:56 PM on Dec. 14, 2009

  • He would never get full custody...

    the only time they take custody away from the mom is if she is a crack head or a whore. He will NEVER win full custody, that would never happen. Again, you guys really need to think about finling joint. No point in one of you having sole custody if both parents want their kids around & are more than capable of caring for them.
    samurai_chica

    Answer by samurai_chica at 3:58 PM on Dec. 14, 2009

  • It's very difficult in ANY state for either parent to get full custody. They won't look at the fact that you don't have a job - they even let my ex have visitation when he was living with friends! Most likely since you have been her primary caregiver for your kids, you will most likely get primary custody and he will get visitation, or that's how it would work in NC. They try to maintain as much stability for the kids as possible.
    missanc

    Answer by missanc at 4:43 PM on Dec. 14, 2009

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