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susy · May 30, 2006, 08:09 PM

What would be the reason for a judge to decide to take away the physical custody for one parent to the other??
I'm a college student, and I don't work. However my husband work. If I get divorced, can the judge give the physical custody of my baby to my husband just because I am not working? I am a good mother, and I can demonstrate it. Does that count? Thank you.

educatedhorse_2005 · May 30, 2006, 08:32 PM

There are a lot of underlying circumstances that a judge has to take into consideration.
He will do what is best for the child.
I believe that he can possibly take your kid and give to your husband if you can not prove you have sufficient income to properly take care of your kid.

CaptainForest · May 31, 2006, 12:29 PM

Or the judge might split it down the middle.

3 days you have physical custody, then 4 days for him, then 4 days for you, then 3 days for him, etc.

There are many factors.

wynelle · May 31, 2006, 12:41 PM

Judges usually don't "take away" custody; the parents do that themselves.

Why would you think that this might happen? Has your ex-husband threatened to seek sole custody? Has anyone threatened to call the Department of Children? If you are a full-time student without a job, how do you plan to pay your expenses? Child support only goes so far.

Unless one parent does something extremely egregious, I believe the current thought is joint custody. In your case, being a student without a job, your ex-husband may have the child during the week and you on weekends.

But in the meantime, be sure that you model excellent behavior and parenting styles.

Fr_Chuck · May 31, 2006, 02:55 PM

The judge will in custody matters decide what he thinks is best for the child.
They will look at housing, care for the child, living conditions, the ability of each parent to care for the child. What level of care or visitation has either done with the child in the past.

Also if you are not working and can not afford an attorney, and he can afford an attorney, they will even try to do legal tricks and motions to win if you don't have an attorney.

Often of course they allow as mentioned joint custody, with listed days and times each parent will have the child.