Like many wives in the San Francisco Bay Area, you’ve spent the duration of your marriage at home, taking care of the kids. Between driving them to school at Alamo Elementary School or Balboa High School, or shuttling them to and from play dates at Crissy Field Beach or Yerba Buena, keeping up with their schedules is more challenging than any office job you’ve ever had.

Now your husband says he wants a divorce. You can’t imagine not living with your kids—and you’re fearful you may have to, because you haven’t earned an income since you said “I do.”

Do You Have a Chance at Obtaining Custody of Your Kids?

You wonder if any judge will grant you custody of your children since you haven’t brought home a paycheck in years. Should you worry?

There are no guarantees in divorce law. However, your attorney should be able to make a forceful case for your retaining physical custody of your children. However, there are two factors that you will want to consider right now that may help ease your mind.

  • The best interest of the child dominates decision-making. Those who decide with whom children reside look at many alternatives, but the most important is what is in the children’s best interests. Although your husband may make more money than you do, the judge may find that the best place for the children to be is with the person who has spent the most time with and cared for them: you.
  • The courts tend to prefer shared custody. Unless you can prove your soon-to-be ex husband was abusive or otherwise unfit, you’ll likely have to share custody with him. Although you may be granted the title of custodial parent, there’s a good chance you will still have to spend some time away from your children while they are visiting their father.

Let Us Help You

The Law Offices of Paul H. Nathan specialize in helping women in the Bay Area navigate through the uncertain waters of divorce. We represent only women in family law matters, and feel we may be able to help you.

Contact us today to speak with a compassionate legal professional about your situation.

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