How Will Income Impact Your Child Custody Case?

If you are about to get a divorce or you have already started the process and children are involved, you are likely worried about child custody. Judges take a number of factors into consideration when making decisions about child custody, and they are all weighed very carefully. You may worry that a judge will consider the income you earn, particularly if you were the lower-earning spouse during your marriage. As with most legal issues, your income may or may not be a factor when resolving child custody issues, depending on the facts of your case.

What are the Best Interests of the Child in Delaware County? 

In child custody cases, judges only consider what is in the best interests of the child. They do not necessarily consider the preferences of either parent involved, or of anyone else in the family. Judges make child custody decisions based on what is in the best interest of the child. A few of the factors that are considered include, but are not limited to, the following:

• Educational opportunities for the child
• If the child has siblings and if so, where they live
• The physical and mental health of each parent
• Whether either spouse was the primary caregiver during the marriage
• Childcare arrangements that are currently in place
• The stability of each parent

When is Income Considered in Child Custody Cases? 

Most people know that when decisions are made about spousal and child support, income is considered. Whether or not income plays a role in child custody hearings is often not as clear, though. In some cases, income is considered. For instance, if one party in child custody hearings is currently homeless and unemployed, it is highly unlikely that a judge will award them child custody.

Still, income is not always considered during child custody hearings. For example, you may have stayed home during the marriage to maintain the household and raise the children. In this case, you may not have earned an income at all. However, the lack of income would likely not hurt you in the child custody case. In fact, the judge may look favorably on you because you primarily cared for the children while you were married. Instead, a judge may consider the fact that you will receive spousal and child support, and the fact that you are willing to reenter the workforce as factors when making a decision.

In order to be awarded child custody, you do not necessarily need a big paycheck or a large home. The most important thing is that you show that you are an involved, supportive, and stable parent who can provide a safe and loving home for your child.

Call Our Child Custody Lawyer in Media for a Consultation 

If you have a child custody issue, you likely have many questions. At Barbara Flum Stein & Associates, our Media child custody lawyer can answer them and advise you of the law so you have the best chance of obtaining a positive outcome. Call us now at 610-565-6100 or chat with us online to schedule a consultation and to learn more.

Sources:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=53