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Can a Mother Lose Custody for Not Having a Job

Janet McCullar by Janet McCullar
28/12/2022
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Who needs to know can a mother lose custody for not having a job? When you are getting a divorce, it can get messy if there is a child and marital assets to think about. In the past, a mother would automatically receive sole custody of their child for simply being the mother, but times have changed. 

Today, fathers are receiving sole custody of their child in about fifty percent of all child custody cases. Therefore, it is best to never assume anything. Mothers can and do lose custody of their child in today’s courts, and there are many reasons why. Let’s go with me to answer the question can a mother lose custody for not having a job right now.

Table of Contents

  • Can a Mother Lose Custody for Not Having A Job?
  • What Are the Top Reasons a Mother Can Lose Custody of Her Child?
    • 1. Sexual Abuse and/or Child Abuse
    • 2. Domestic Abuse
    • 3. Alcohol/Drug Abuse
    • 4. Child Abductions
    • 5. Not Being the Primary Caregiver during Marriage
  • Can the Father of My Child Get Custody if He Makes More Money Than I Do? 
  • What about Our Job Schedules and Custody?
  • Can I Get a Joint Custody Plan that Revolves Around the Father’s Work Schedule?
  • Should a Mother Get Custody of Her Child if the Father Works the Night Shift?
  • FAQs
  • Conclusion

Can a Mother Lose Custody for Not Having A Job?

The quick response is no. Even if you were a stay-at-home parent during your marriage, it should not affect determining who will be the main residential custodian of your kid. Nonetheless, the court may recommend that you consider getting employment sooner rather than later. Several courts think that both parents have a responsibility to financially provide for their child.

If you are considering a divorce and have children, consulting with a knowledgeable family law attorney is an essential step to protect yourself financially through alimony and/or child support. Taking the time now to discuss your options will ensure that both you and your child receive proper financial care in the future.

can a mother lose custody for not having a job
Can a mother lose custody for not having a job?

What Are the Top Reasons a Mother Can Lose Custody of Her Child?

Next, let’s answer another related question about Can a mother lose custody for not having a job?

Generally, if you are getting a divorce, you will begin by having joint custody. The courts make any custody decisions based on what is in the best interest of the child. However, joint custody is only assumed until the court is able to gather more information.  

We have already established that a mother cannot lose custody of her child for not having a job. That being said, here are five top reasons a mother can lose custody of her child…

1. Sexual Abuse and/or Child Abuse

When punishing your child, it is essential to remember that the court system has a strict definition of discipline and physical abuse; consequently, there is a thin line between the two.

When embroiled in a custody case, even the slightest spanking could be misconstrued as physical abuse. Every false allegation of child or sexual abuse by either you or your ex will drastically impair your chances at obtaining guardianship of your kid.

Moreover, the court takes a strong stance against verbal abuse. If you are shouting and/or menacing your child in such way that they feel fearful, the court will adjudicate it with utmost seriousness.

2. Domestic Abuse

can a mother lose custody for not having a job
Can a mother lose custody for not having a job?

Women can be perpetrators of spousal abuse just as men are, albeit women tend to report it less often. When you come before the court and your record reflects that you were abusive towards your husband but not your children throughout the marriage, the court will likely view this unfavorably.

3. Alcohol/Drug Abuse

Family courts take any type of substance abuse extremely seriously. Even if you only use alcohol, you will be fighting an uphill battle when it comes to child custody. 

4. Child Abductions

Taking your child without the knowledge or consent of their other parent could be interpreted as a form of child abduction. Furthermore, if you violate any terms stipulated in your custody settlement without authorization from the other parent, you risk losing guardianship over them.

5. Not Being the Primary Caregiver during Marriage

If you were not an active parent or the primary caregiver in your child’s life prior to divorce, then you could risk losing custody of them. It is essential that you stay connected by being familiar with their school teachers and activities; know what sports they play, and any other hobbies they have.

can a mother lose custody for not having a job
Can a mother lose custody for not having a job?

Can the Father of My Child Get Custody if He Makes More Money Than I Do? 

This question goes back to the original question: Can a mother lose custody for not having a job? It is important to keep in mind that custody is not determined by whether you have a job. Instead, it is determined by what type of custody arrangement is in the best interest of the child. 

Though the parent who earns more provides a greater chance at life’s amenities for their child, it is not typically taken into account when determining custody. Moreover, even if the father makes significantly more than you and has fathered your child, he should still provide opportunities to them regardless of custodial status.

And if you want to know about grounds for full custody of child, to answer some of your questions and educate you, below is an outline of the grounds for obtaining complete custody, let’s check this article.

What about Our Job Schedules and Custody?

To answer this question, it is identical to the initial inquiry: Can a mother lose custody for not having a job? The answer is no. In court proceedings, there’s never any assumption that one parent would be better than the other regardless of employment status.

The court is going to look at all the factors and circumstances and make a decision it believes is in the best interest of your child. Job schedules can be important factors in the court’s decision. 

You should talk to your family law attorney about the situation and work schedules. That way, you and your ex may be able to come up with a plan that works for everybody.

If you have question in custody cases is can a mother legally keep her child away from the father, let’s check HERE to find out the answer of can a mother legally keep her child away from the father with me.

Can I Get a Joint Custody Plan that Revolves Around the Father’s Work Schedule?

Trying to balance work and custody can be a stressful endeavor for children. Unfortunately, this turbulence can interfere with their education as well.

To create harmony in your family’s lives, it is important that you and your ex agree on predetermined days – one of you will have the child certain days while the other takes care of them at different times during the week. This provides much needed stability in an unpredictable situation!

Related Issues about a Mother Lose Custody for Not Having A Job

Should a Mother Get Custody of Her Child if the Father Works the Night Shift?

The ultimate inquiry: Can a mother lose custody for not being employed? The answer is no. Your child’s father working night shifts does not make him an unsuitable parent, and the same applies to mothers who don’t have jobs; what matters most is what would be in your little one’s best interest.

Determining custody is intricate and challenging, so if your ex-spouse’s schedule was identical when the initial order came into effect then it could be difficult to alter it in court proceedings.

Even if you are a mother who is awarded custody of your children, it’s possible for your ex to reverse the court’s decision and revoke your rights to custody based on certain circumstances – at any time. Many reasons mothers lose custody of their children from preventable factors.

That’s all there is to know about can a mother lose custody for not having a job; let’s finish with a quick FAQs section. 

FAQs

Can my child custody be affected if I am an exotic dancer?

If your job has a direct impact on your child, yes. But as long as you do not expose your child to inappropriate situations or allow people who could be a bad influence to be around your child, you should be fine. 

Can a shared parenting plan work if the father has an erratic schedule?

In this type of situation, you and the father of your child need to cooperate with each other. You could work together to build a schedule that fits in with his erratic work schedule. 

If I am not working, do I have to put my child in daycare?

For many stay-at-home moms, this question creates a huge dilemma. It also goes back to the question: Can a mother lose custody for not having a job? If you are not working, there is no need to send your child to daycare if you do not want to. The family courts normally want the child to spend time with the parents. 

Conclusion

When it comes to child custody and working, it can be tricky. One of the most common questions mothers worry about is: Can a mother lose custody for not having a job?  

As you can see, the answer is no. Even if you are working, there are many factors that determine child custody and parenting schedules. It is important that you and your ex work together to come up with a parenting plan that is in the best interest of your child.

Perhaps you and your ex are not able to come to an agreement, and work schedules have changed. If so, you can file a motion in family court to modify the child custody plan outlined in your divorce. However, keep in mind that the court will always do what they believe to be in the best interest of your child. 

Tags: can a mother lose custody for not having a jobwhat are the reasons a mother can lose custody of her child
Janet McCullar

Janet McCullar

Janet McCullar is a seasoned attorney who focuses her practice on matters involving parental infidelity and child custody disputes. Janet has successfully defended clients in a large number of difficult divorce and child custody disputes. In addition to this, Janet McCullar is a published author and public speaker who frequently discusses topics related to divorce and the custody of children.

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