Would I lose custody of my children because I don’t have a job and no longer have a place to live in because of compelling circumstances beyond my control. I am currently in school. I want to pursue a professional career. Would I lose all the rights to my children if my husband decides to take them away from me? Also, would I be eligible for spousal support since I quit my job in Nov. of 1997 because my husband felt it was best I take care of our children?
You do not indicate the state in which you are living, so I cannot answer your question with certainty. Generally, the courts dealing in divorce matters would review all of the factual information leading to the divorce including all of the “crucial circumstances” you refer to, the facts that you were trying to improve your life by going to school, and that you were forced to give up your occupation to raise your children. The courts would generally make your husband provide for the support and maintenance of the children, as well as for you until you were able to complete your schooling and secure a job to be able to support yourself. You should not lose custody of the children based on the facts you have presented here. The court should prevent your husband from taking the children from you unless other circumstances warrant such a radical decision.
Leonard M. Weiner, Esq./Divorce Solutions