Will I Lose Custody if I Go Broke?
Many Americans are struggling financially during difficult economic times, especially single parents who are trying their best to raise children on one source of income alone. There is nothing more heartbreaking than feeling like you cannot properly provide for your own children as a parent. Many parents make incredible personal sacrifices just to make sure their children continue to live comfortable, happy lives. But what happens when the financial pressures become too great, and your child’s quality of life begins to decline as a result? Is it true that you could lose custody and be forced to hand over your children to your ex?
Can My Ex Take My Kids Away After I Lose My Job?
If you have lost your job, your ex may use this as an opportunity to fight for sole custody. In a situation where you are currently the sole custodial guardian, your loss of income may represent a “significant change in circumstance.” Note that the only way a custody agreement can be modified is if these “significant” changes occur. Your financial difficulties represent only one possible example of a change of circumstance.
However, it is important to note that simply losing your job will not automatically lead to the loss of custody. In most cases, a prolonged period of unemployment would need to occur before you risk losing custody. Most workers can find new jobs after termination within a few weeks or months. This period of uncertainty might represent a slight decline in your children’s quality of life, but it would most likely be temporary. A judge would recognize this and give you some leeway as you search for a new source of income.
You also have to consider that various forms of support may be available to you as you search for new employment. You might be eligible for certain types of government unemployment assistance. In addition, you could turn to alimony payments or child support payments to maintain your children’s quality of life during this period.
When Loss of Income Can Lead to Loss of Custody
That said, a significant loss of income can indeed lead to the loss of custody in certain situations. For your ex to successfully gain sole physical custody, they would need to prove that your children are experiencing some degree of neglect. The term “neglect” does not necessarily suggest abuse, but it can certainly affect a child’s quality of life. Examples of income-related neglect include:
- Not having enough to eat
- Not having reliable shelter
- Not having adequate clothing
- Not having access to sufficient school supplies
- Losing access to extra-curricular activities like sports, music, or theater
Where Can I Find a Qualified Family Law Attorney in California?
If you have been searching for a qualified, experienced family law attorney, look no further RM Law Group, LLP. Over the years, we have helped numerous parents fight for their rights effectively. Losing access to your children because of financial difficulties is something you can avoid with the proper legal assistance. Book your consultation today, and you can strive for the best results while fighting effectively for your parental rights.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
