Parents’ finances are just one factor that the court must consider in addition to many others when determining children’s best interests. For example, if both parties to a Maryland child custody case are employed but one earns more than the other, this fact by itself would not be a deciding factor in a custody case. A judge would still need to determine many other factors, including whether both homes are free of neglect and abuse.
A dedicated child custody attorney could help you prepare your family for litigation. Understanding the impact of finances on a Maryland child custody case is one, albeit important factor, in advocating for your children’s needs in court.
The Role of a Parent’s Finances
Making more money than the other party offers no advantage in a custody case. However, a parent who cannot support themselves financially, is unemployed, or does not have a home may find it difficult to convince the courts of their caring capacity. Parties who cannot afford food, shelter, clothing, or basic needs would likely see their children placed with the more appropriate party.
Furthermore, a dependent spouse who has never worked outside the home may be the primary parent despite the other being the primary breadwinner. It is not mandatory for children to be placed in the care of the primary breadwinner. Custody cases often center around the desire of the primary parent to continue to be the primary parent, and there is often a disagreement as to how much access the breadwinner should get.
Issues and Financial Concerns
Support payments are calculated differently depending on whether a parent has sole or shared custody. According to Maryland law, shared custody does not take effect until one parent has 128 overnights or more. A child’s noncustodial parent may try to achieve shared custody in order to reduce their support obligations.
Sometimes, a parent who does not want to have their children for that many nights may continue to fight for a shared arrangement just to benefit their finances. The impact of finances on a Maryland child custody case go hand-in-hand with the custody disagreements that typically take place between parties.
Ask an Attorney about the Impact of Finances on a Maryland Child Custody Case
It is important for a parent to talk to a child therapist before making any kind of decision so they can understand the long-term effects that divorce, separation, and a custody battle would have on their children. Children have a right to have a relationship with both their parents regardless of the parents’ own feelings toward each other.
The greater the conflict is between parents, the more damage and harm that can be done to the children. Any parent considering litigation should hire an attorney who can help them understand the impact of finances on a Maryland child custody case. Qualified legal counsel could guide and assist you in working through this very emotionally and financially difficult time, so contact our team today to get started.