Divorce Question - El Paso,TX

Updated on September 19, 2011
S.R. asks from Grovetown, GA
13 answers

Wondering what the likelihood is that a SAHM without a high school degree (and therefore would have a harder time finding work) and without a second language (very important down here) would get custody of children in the event of a divorce?

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So What Happened?

Thanks for the input everyone. I was actually worried for a friend of mine, not myself, but this eases some of my worry for her. If I can get her to talk to me some more about what is going on, I'll pass on this info. Thanks again!

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P.B.

answers from Spartanburg on

Definitely get yout ducks in a row before divorcing, if you can. Consult an attorney, I ve heard of cases where the husband had to pay child support and alimony to ex wife so she could 1) get a degree/diploma to improve her chances of finding a rewarding job; 2) raise their children without changin their lifstyle. Many judges are pro-mama, so if you are a darn good one (or if hubby is a bad/absent father) you have high chances of being awarded custody. Good luck!

2 moms found this helpful

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D.P.

answers from Pittsburgh on

I think your stability as a parent will always outweigh your educational level or your ability to speak multiple languages--is someone trying to scare you? I hope not.

8 moms found this helpful
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S.B.

answers from Redding on

Well, all I know is that in the event of a divorce, BOTH parents are obligated to support and provide for the child.
You may not lose custody based on not having a diploma or not having any job experience, but when it comes to child support, at least in California, they impute minimum wage to the mother's ability to earn an income and it is factored in as far as child support ordered for the father.
In other words, even if you aren't working, they consider you capable (unless you are disabled or something) and they figure an amount equal to full time employment at minimum wage.
If you have zero income and can't prove that you can somehow provide for yourself and your child through the help of social services, etc, that could be problematic.
Automatically losing custody of your child for the reasons you describe above isn't likely to happen.
Unless there is more to the story.

3 moms found this helpful

M.P.

answers from Provo on

Ditto to Denise. If he can't even change a diaper or fix a bottle, the obviously your ability will far out weigh his piece of paper saying he has an education.
In the mean time you should find a GED help center (if you have Stephens Henagar colleges where you are at they have free tutoring, but I don't know if there is a catch with them) Or any local adult help centers. You obviously know you will need a GED to get decent work.

2 moms found this helpful

B.G.

answers from Los Angeles on

Maybe you could go back and finish your diploma? You can even do it online. That way, you will be able to get a job if you needed to.

1 mom found this helpful

G.T.

answers from Redding on

As long as you can prove that you can take care of yourself and the children nothing else matters. Moms still have priority over kids unless things are really bad or the dad has an expensive lawyer.

1 mom found this helpful
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J.B.

answers from Detroit on

If you have been the primary caregiver of the kids hands down you would get custody. Just remember to have a plan before this happens so you can take care of yourself and the kids it never hurts to have it all in order before. Start looking for a job or even start work before papers are filed. Good Luck

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D.H.

answers from San Antonio on

If your a good mom then the chances are good. Look into getting your GED though and think about what you would want to do in the future to improve your life. One thing you need to remember is that he will have to pay you spousal support and child support. Your staying at home to take care of the house and all that entails....don't forget you can file for Food Stamps and look at all the areas of help.

Good luck,
DH

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K..

answers from Phoenix on

I would say that the person with the most care giving time & experience would be the better custodial parent. However, without a high school diploma, what type of work do you plan on doing, and do you plan on getting your GED? How do you plan on paying bills & providing a home? I'm afraid that since you won't be able to provide as well with someone with some schooling, that that will taken into consideration, as well.

I am not a lawyer, and I am not familiar with the laws in your state, so you should really be contacting the family court in your area, to get the 100% factual answer to your question.

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K.S.

answers from Miami on

Yes why not. You were the one staying home watching them. So you are the main care giver.

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C.P.

answers from Provo on

It takes a lot before the judge will take a child away from mother.

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G.B.

answers from Oklahoma City on

The things you listed would not be a factor in getting custody of her children. She would however need to plan on getting her won income as soon as possible or going back to school so she can get gainful employment as soon as possible. Child support is not enough to support a family on.

C.O.

answers from Washington DC on

S.;

if you have been the primary caregiver of the children - the courts will most likely award the children to you.

Yes, you might have a hard time finding work - but you can always get your GED!!! Look into programs to improve yourself and your education!!

GOOD LUCK!

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