custody

[boys123]

Who has a better chance at physical custody? Stay at home Mom, or working Dad?

[elklaw]

To be honest, I think there will be a lot more to a primary physical custody decision than whether a stay at home Mom or working Dad is better for the child. Here's why? In most cases, the stay at home Mom will not be able to afford to be a stay at home Mom unless she has outside resources from family or is remarrying. So the judge may look at things such as the child's age and their developmental needs as well as the parents' fitness to be the primary custodial parent. If the child is younger, the mother will likely be favored for developmental and nurturing reasons, but if the child is older, usuallt 14 and older, the court often will hear from the child themselves if they wish to be heard. There is no simple answer. It is usually best if parents can arrive at these decisions together and not leave them up to the judge. Sometimes, mediation and counseling assist in doing that if the parents are unable to.