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I want to get a divorce,but,am wondering if I can keep custody of my children without a job.

Ocilla, GA |

My husband and I separated around six years ago.Since then I have been the main caregiver to our children.I lost my job and was going to school,but,my vehicle tore up.I am planning to go back as soon as my car is fixed.How can I keep my babies?My ex doesn't have a job either and doesn't help me or even call them.THANK YOU.

Attorney Answers 2


  1. I'm very sorry for your circumstances. Employment isn't a condition of keeping custody of one's biological children in any state; however, it may be a factor to consider if it is causing neglect even if it is unintentional. That said, the usually (and preferred by public policy) remedy for preventing the neglect of children who have unemployed parents is to assist the family with social services, such as food stamps, housing, job training, etc. I know it may seem like you cannot possibly afford legal help, but if you feel you are being threatened with a loss of custody, then I suggest you try to make contact with a local attorney. There are many attorneys who will help you find free or low cost assistance even if they cannot offer it to you themselves. As such, I recommend you start making calls. You can find attorneys in your area by searching among the profiles here on Avvo. Good luck!

    If you found this answer helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" once you've received sufficient responses to your question.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. So long as you can provide a safe environment for your children to grow up in, your job status should not hinder your ability to have custody of your children. As the primary care giver to your children, you are the front runner to receive custody.

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