Home > Research Legal Advice > Divorce / Separation > Can my husband take full custody of my kids if I do not have a job
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Asked 7 months ago - Denver, CO
FlagI have been a homemaker for 3 yrs. he kicked us out. I have a stable place for me and children to stay. I am able to provide there needs as I have been there whole lives. What are my rights..
You NEED an attorney. Even those of us who are attorneys hire other attorneys to help us through our divorces to give us the objectivity that we need. Your husband does not have the right to limit your parenting time or exclude you from parenting time simply because you have been a homemaker. You have a place for you and the kids to stay. You assumedly can get a job in the future. Nothing that you have posted indicates that you should have your parenting rights limited. Either hire an attorney or apply for one through Legal Aid, the University of Denver Law Clinic, the University of CO Law Clinic, or the Metro Volunteers Lawyers Association. Best of luck
First, let me say that the fact that you have been a homemaker and with the children full-time for the last three years, strengthens your position, not weakens it. Above all else, the court looks to the best interests of the child when determining Allocation of Parental Responsibility. Colorado no longer uses the term "Custody" to rid people of the notion of ownership of the children.
You really need to speak to a family law attorney to discuss how you should proceed. I am in Denver and would happy to give you a free consultation.
I agree with my colleagues. You are in a stronger position as a result of your being the primary residential parent. Unless you are unable to hold down a job for reasons such as alcoholism or drug addiction, the fact that you are unemployed is not tied to the best interest of the children in terms of parenting time. You very much need an attorney. If you cannot afford an attorney or can't get help from your family to hire one, call the law schools to see if they will take your case through their student lawyer program or call Denver Metropolitan Lawyers. They have a steady stream of lawyers who take pro bono cases such as ours through their office.
I have lost track of how many times I have seen this question in one form or another. Anyone who thinks that the fact his wife has been a stay-at-home parent for their children gives the husband some kind of advantage in a parental responsibilities action is in for a very rude awakening.
As has been mentioned by others, the fact that you stayed at home to raise the children actually gives you an advantage in the case.
On the financial front, the fact that you have been out of the work force for a substantial period of time may well lead a court to award you maintenance (which is what other states call alimony) for some time, possibly a substantial period of time, while you take steps to update your formal education and work skills, so that you can later reenter the work force at an appropriate level.
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