Legal Question in Family Law in Connecticut

My husband is filing for divorce. I have always stayed home and taken care of the children since they were born. Now I am worried that he will get custody because he has a house and a good job and I have neither. Will the courts favor him in terms of custody of the children because of this or will the judge give him custody until I get a job and get on my feet?


Asked on 4/25/13, 9:57 am

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

No, not at all. You would probably be the primary custodian and he would have to pay you child support and probably alimony. House and job are not usually determining factors.

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Answered on 4/25/13, 10:20 am
John Heffernan Heffernan Legal Group, LLP

In Connecticut the default is joint legal custody. The bigger question is "Who gets primary residence of the children?", i.e., with whom do they live. The likelihood is that they will live with you, but I'd need a whole lot more information to advise you. How long a marriage? How old are the children? What is his income? What are your job skills? What are the assets? Your husband faces the problem that the 2 of you (apparently) agreed that you should stay home and take care of the kids. That's fine, but it means that you have been out of the labor force and, at best, your job skills are rusty. You are going to need time to get your earning capacity back to (maybe) where it used to be. In the meantime, your husband will have to support you (alimony) and the kids (child support). Depending on the ages of the children, you may have to have the house until they are 18, or out of college. But, as I say, I need a lot more information. If you call me at 860.233.6336 I can discuss it with you.

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Answered on 4/25/13, 10:23 am


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