General Child Custody Question

[crubin]

What is the name of your state (only U.S. law)? NJ

My husband and I are considering divorce and I have two small children and one on the the way and I have been a stay at home mom since my first child was born. My husband said that we can share custody, which is agreeable to me, but said that if I can't afford to take care of them all by myself; that the court will award him custody because he makes the money. Is this true? I am aware I will need to get a job and a place to live but can the children be taken away from me if I don't make the same kind of financial living he does? He understands he will be paying alimony and child support but only partial child support since we will be sharing custody.

 

[Isis1]

What is the name of your state (only U.S. law)? NJ

My husband and I are considering divorce and I have two small children and one on the the way and I have been a stay at home mom since my first child was born. My husband said that we can share custody, which is agreeable to me, but said that if I can't afford to take care of them all by myself; that the court will award him custody because he makes the money. Is this true? I am aware I will need to get a job and a place to live but can the children be taken away from me if I don't make the same kind of financial living he does? He understands he will be paying alimony and child support but only partial child support since we will be sharing custody.

that's not true. don't take legal advice from the soon to be ex.

how long were you two married?

 

[ecmst12]

Not remotely true. Custody is NOT awarded based on who makes more money or has a bigger house or any of that crap. If you get custody, he will pay child support and possibly alimony too since you have been a stay at home mom.

Aw I made someone's signature line!

 

[Ohiogal]

What is the name of your state (only U.S. law)? NJ

My husband and I are considering divorce and I have two small children and one on the the way and I have been a stay at home mom since my first child was born. My husband said that we can share custody, which is agreeable to me, but said that if I can't afford to take care of them all by myself; that the court will award him custody because he makes the money. Is this true? I am aware I will need to get a job and a place to live but can the children be taken away from me if I don't make the same kind of financial living he does? He understands he will be paying alimony and child support but only partial child support since we will be sharing custody.

Really? You received proper info as far as it went but why do you believe you will receive ANY alimony? Alimony is not a guarantee. Some child support you may very well get but you also may be imputed with an income and depending on how much that is compared to your spouse, you may get very little with a shared custody arrangement -- depending of course on the shared custody.

 

[Isis1]

Not remotely true. Custody is NOT awarded based on who makes more money or has a bigger house or any of that crap. If you get custody, he will pay child support and possibly alimony too since you have been a stay at home mom.

Aw I made someone's signature line!

it had a holiday ring to it.