If you are divorcing your spouse right now and want to obtain custody of your children, you may worry that you’ll be at a disadvantage if you’re not the parent earning the most compensation. However, you should know that how much you earn won’t necessarily impact your custody case so long as you can show that you can support your children’s care when they’re with you.
Having a higher income can certainly help you get a better home for your children or improve your living conditions, but income itself isn’t the deciding factor in a custody case. Instead, the courts like to look at what would be in the best interests of your children.
Isn’t income a reflection of who can provide better care for your children?
Not necessarily. Someone who earns a large income may be very busy and home rarely, while someone who earns less may have been the stay-at-home parent or main caregiver during the marriage.
This kind of situation is why the courts don’t necessarily consider income as the main deciding factor in a custody case. There are income supports, such as spousal support and child support, which can make even a lesser-earning parent’s home more comfortable and safe for children, so income alone isn’t enough to make a determination on child custody.
Child custody orders focus on what’s best for your children
Most children benefit from seeing both of their parents regularly. For that reason, in normal, healthy custody scenarios, no parent is really at a disadvantage. However, the court will want to see that both parents can provide a safe, stable home environment for the children. If one parent is abusive or treats the other parent badly, then the court may consider custody orders that minimize the risk of the children seeing negativity or being harmed.
When you work on your custody case, remember that showing that you’re supportive of your children, can provide for them and want to be in their lives is important. Your income won’t be a sole determining factor, so you can relax knowing that income isn’t everything in this case.
