A Note To Stay-At-Home Moms (or other primary caregivers)The law is sometimes counter-intuitive. I spoke with a nice lady today who was very unhappy in her marriage. When she could stand it no more, she told her husband that and then she left him. She did not take the children with her, however, because she did not want to disrupt their lives. Now this former stay-at-home mom is being kept away from her children by her now very angry husband.
By thinking of her children and trying to maintain normalcy for them, the nice lady feels like she is being punished. Her husband says he is filing for divorce and that he will seek sole custody. She feels caught flat-footed and she is concerned that he may have a leg up in court. He certainly has an emotional leg up over her right now as she is miserable. He assured her that he wouldn’t keep her from the children…. yet that is exactly what he has done!
If you are a primary caregiver and you are thinking about ending your marriage, part of your exit plan should include a meeting with a family law attorney (or two, as varied input can be a good thing). In some cases, leaving your children with the other parent may make your case for custody an uphill battle. Or maybe it is the right thing to do. Your individual facts will matter so get some advice in person BEFORE you make a move. It is much easier to plan than to scurry and react.
Jon D. McLaughlin, Esq.
Cannell & Maulson, P.C.