The custody process in Ohio is often complicated and stressful. You are likely to have many questions and concerns about your chances of getting the custody arrangement you desire.
One of your biggest fears may involve your income. If the other parent makes more money than you, this may cause you to worry that this gives them an advantage in a custody battle.
Income is just one of many factors
Luckily, the incomes of both parents are just one of several factors that courts look at when making custody decisions. The court’s goal is to decide what type of custody arrangement is in the best interest of the child involved.
Although a court will consider the financial situations of both parents, they will also examine who was the child’s primary caretaker, the mental and physical health of both parents, who can provide the most stability for the child and many other factors.
A court does not automatically assume the parent who makes more money is the better parent or can provide the most stability. Rather, the court is simply making sure your income and financial situation allow you to meet your child’s basic needs.
Don’t forget about child or spousal support
Having no current source of income does not mean you will not receive custody. You may have spent several years as a homemaker, taking care of your child, while your spouse made all the money. In these situations, you may receive child or spousal support.
A court should not penalize you for situations out of your control or prior choices you made that were in your child’s best interest. Your earning capacity will be considered, not just your current situation. If you demonstrate that you can obtain gainful employment and earn a good income, you show that you can properly take care of your child.
The court will consider your income and financial resources if you are going through custody litigation. However, an experienced custody attorney can advise you on the best strategy for obtaining the outcome you want.
