Imagine you are a mother who has found herself in a difficult position. On the one hand, you are in a marriage that is not healthy for you or your child. The marriage has been struggling of late. You have attempted to work with your husband to attend counseling, but he has not been interested. As a result, the only solution to this problem is a divorce. As a result, you are starting to work to learn as much as you can about what it takes to get divorced in Texas. More specifically today’s blog post will answer the question: can a mother lose custody for not having a job?
However, one of the major concerns that you have regarding the divorce is your ability to afford the process financially. This means not only the divorce process itself but life after the divorce. For many people, a divorce is seen as a lifeline. If you are someone who has struggled with a worsening marriage relationship, then a divorce could be exactly what you need to reinvigorate your life. Additionally, your child does not benefit from you being in a failing relationship. As a result, the divorce can be seen as a benefit to your child.
For some other people, a divorce is a reasonable goal but seems impractical. The main reason for this is that some parents cannot afford to live independently of their spouse. This happens in circumstances where you have been financially dependent on your spouse. In that way, stay-at-home parents or spouses are encouraged to read this blog post. The attorneys with the Law Office of Bryan Fagan will show you how to proceed in a divorce even if Finances are a major concern of yours.
Can a mother lose custody of her children for not having a job?
As in other areas of life, the world of Texas family law has its share of misconceptions and rumors. One of the major misconceptions that people have regarding Texas family law is regarding parents losing custody because they are not working. More specifically, the concern many mothers have is that they will lose custody because they have not been working outside the home. Stay-at-home mothers and wives understandably have concerns about this subject.
For one, any stay-at-home mother or spouse understands that the work that can be done inside the home is significant in its own right. Caring for a home and family is in many cases more challenging than working outside the home. For that reason, the fact that you do not earn an income should not be something that dissuades you from filing a child custody or divorce case. As we are about to see, there is nothing in your situation involving employment that necessarily holds you back from being successful in a custody case.
Certainly, there is nothing in a child custody case that says a parent who is not working cannot when favorable custody writes. However, it may be in your best interest and those of your child for you to work or begin working. When it comes to issues related to child custody, the best interests of the child standard are one that matters a great deal. Here is some information about the best interest of your child and why it matters in a family law case.
The best interests of the child’s standard
In a Texas family law case, the best interests of the child are considered more than any single factor. It is understandable as a stay-at-home parent to be concerned with your finances. Certainly, not having income after a divorce is a major concern. However, as it pertains to the question of custody you are not shut out of consideration just because you do not have a job. Rather, your ability to generate an income for yourself and your child is one of a handful of factors for a court to consider.
The best interests of the child’s standard look at a range of factors related to his or her life. Your child’s safety, stability, and educational development all matter. Certainly, your history as a parent also factors into this consideration. As in, you cannot expect to win favorable custody rights when you have never played a major role in the life of your child. This is not a major concern for stay-at-home mothers but for other parents reading this blog post, it is worth understanding this reality. Your past performance as a parent is a factor for a court to consider.
A court will also want to see that your child can gain an education and be cared for by view as far as safety is concerned. Above other considerations is that of your child’s well-being. Is your child safe when he or she is with you? Does your child have a consistent history of missing school? These are the specific types of questions that you can expect a court to ask regarding your custody case. Questions like these can be addressed and answered by the Law Office of Bryan Fagan in a free-of-charge consultation.
How is your employment status viewed in a child custody case?
Even though your employment status is not the number one concern of a family court it is still important. As we will see later, employment status can be augmented with things like child support and spousal support. However, most judges look at employment status with some degree of interest specifically when it comes to providing your child with the essentials in life.
Contrary to what many people believe as they enter a child custody case, it is not expected that your child will live the same lifestyle that he is accustomed to after the divorce or child custody case. For example, if your child is used to living in a large house and going to private school during your marriage it is not expected that he will be able to lead the same lifestyle after the divorce. As the primary conservator of your child, you must keep your child safe and provide him with the essentials in life.
With all of that said, employment is still important in a child custody case. Nobody would argue that being unemployed is an advantage for you to have in a child custody case. Rather, your employment status must be addressed at some point. The major exception to this rule is if you or one of your children is disabled. Otherwise, being able to take steps towards finding work is an important part of your child custody case.
Trying to secure employment as a part of a child custody case
Let’s say that your child custody case is standard. As in, you nor your children have any kind of disability or impairment which prevents you from working. In a situation like this, a court would attempt to determine how your employment status factors into the custody case. The court would be interested in seeing what type of steps you can take to help your employment prospects improve.
For example, if you have worked previously would you be able to return to your place of previous employment? For many families, you may have stopped working to care for your children or another legitimate reason. In that case, what can you do to regain your previous employment? Would you be able to contact your former employer or place of business? This will be a relatively simple transition for you back into the workplace. Even if this is not a permanent plan for employment it is better to find a temporary job if only to reestablish your role as a provider financially.
Otherwise, begin to look at your resume. Is there something you can do to invigorate your employment prospects? Maybe you have a half-completed college degree that you can try to restart towards completion? Some certifications can be earned at a more reasonable cost than completing a college degree. Additionally, these certifications can often be earned in much less time than a college degree. The more creative you are the more options you will find available to you.
Spousal maintenance following a divorce
As a mother who is concerned with losing custody of your children one positive development of your divorce may be spousal maintenance. Spousal maintenance is a relatively new legal phenomenon in Texas. In other states, spousal maintenance is known as alimony. Depending upon the length of your marriage you may be awarded spousal alimony if you request it. A typical spousal maintenance recipient is someone who has been married for at least ten years and has a proven financial need for support.
Unfortunately, domestic and family violence can factor into this discussion. If you or a child has been a victim of family violence in the past then a court can award spousal maintenance. However, the crime must have been adjudicated within two years of the divorce. Presenting evidence to a court on this subject is important. You would not be able to when it’s spousal maintenance under other circumstances. As a result, having an experienced family law attorney to help guide you during this time is incredibly important.
It is also possible to negotiate for contractual alimony in your divorce. Contractual alimony is another form of post-divorce spousal support. The key difference is that contractual alimony is negotiated between you and your spouse. It is not something that can be ordered by a judge. If any issues develop with the payment of contractual alimony the laws governing property division are more frequently utilized.
Child support as a means of financial assistance
The subject of child support is one that frequently comes up in the world of Texas family law. As many of you reading this blog post know, child support is a financial payment from one parent to the other. That payment occurs once a month and is geared towards supporting the children both during and after the family law case. Child support is awarded based on the best interests of your child. This is done in combination with the number of children you have. Finally, the net monthly income of the paying parent is also a crucial factor in this discussion.
For many families after a child custody case, child support is the necessary lifeline to keep the family’s finances afloat. It is not an exaggeration to say that the family law case may be the single mouse financially taxing event for your family in both the short and long term. As a result, child support can help you to pay for essentials in the life of your son or daughter.
It is important to realize that this support should not be seen as something that Is intended to help replace income. Even if you are awarded child support in your divorce or child custody case it should not be seen as something where this money replaces your income. Having a stable income is essential to being able to put your best foot forward when it comes to child custody or divorce cases.
Preparing for a child custody case from a financial perspective
If you are heading into a child custody case as a stay-at-home mother then there are some steps you can take in order to improve your position. First, begin to run a simple budget for your household. What type of income is necessary to make ends meet in your household after your divorce or child custody case? Answering this question will give you the sort of perspective you need which is related to your finances.
Once you answer the question of what income you will need to keep your head above water financially you can then think about what your options are to earn a living for your family. Going through former employers, surfing the Internet, and asking your social network for help are all great places to start. Specifically, you want to be able to give yourself options when it comes to employment.
Even if the options available to you are not the most attractive it is better than limiting yourself to one or two outcomes. The more options you provide yourself the better your quality of life. The same can be said for your child. In a time like this, it is normal to have a certain level of stress and anxiety. Working with an experienced family law attorney can provide you with creative thinking which helps your family.
The benefits of working with an experienced Texas family law attorney
The attorneys with the Law Office of Bryan Fagan want you to know that you are not alone. During this time, it is easy to feel like you have few options and are facing these challenges by yourself. This could not be further from the truth. Most of you reading this blog post have a social network of some sort. You have people in your life who are willing to support you from an emotional or even financial perspective.
Additionally, the attorneys with the Law Office of Bryan Fagan are here to help you. We offer free-of-charge consultations six days a week. These consultations are pressure-free environments where you can ask questions about surviving financially after a family law case. Additionally, you can ask any question that interests you or that you believe to be relevant to your family law case. In short, the Law Office of Bryan Fagan is here to help you.
One of the key advantages of meeting with one of our attorneys in person is that you can ask questions about your specific case. From there, you can receive information tailored to your exact circumstances. Reading through blog posts like this one is a great place to start developing a knowledge base for your case. However, the more detailed information you can receive the better off you will be moving forward. Thank you for choosing to spend part of your day today on the blog for the Law Office of Bryan Fagan.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
