Many times clients who are stay-at-home moms come to me and ask me whether or not the fact that they’ve stayed at home with the children and the father has been out working all the time gives them an upper hand in custody decision. This is possible but there are so many factors that involve a court’s decision about custody and parenting time that there’s really no black and white answer here. However, the primary caregiver of the children becomes a key argument when there is a question about custody. Of course, the other side could argue against that. However, generally, if I had to give a yes or no answer, I would say that being a stay-at-home mom where the father is out working normal business hours and the mother is key to the children’s day-to-day activities like getting them to school, getting them to doctors or helping them with their homework, could give them an upper hand.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.