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Will you get more custody with more money?

Losing time with your child is difficult, particularly if you think it's unfair. As a lesser-earning parent, you may think you're fighting an uphill battle. You don't have as many assets to back you while you're divorcing, and you think that will hurt you while you try to seek custody.

The reality is that money makes life easier, but it doesn't necessarily make a person a better parent or a better choice for primary custody. Many times, it's the person who makes more money who has less time to raise a child despite having more financial stability. It does create one question, though, and that is whether the wealthier parent deserves custody.

1. Money doesn't make someone a good parent

The first thing to remember is that having more money doesn't automatically mean having more time or energy for a child. It doesn't mean a parent has the ability to stay home if the child is sick or that he or she will even want to take on primary custody. Wealth only guarantees that the parent can afford more, not that he or she will do more for the child.

2. Money does help in the fight for custody

If your spouse intends to obtain custody and has more money, the reality is that he or she may outspend you and force you into a difficult position. If a woman, for example, was reliant on her husband for financial support, she may not have the means to keep up a long legal battle or even have access to funds due to the freezing of any assets shared in the marriage.

3. Finances do play at least a small role in custody decisions

Finally, remember that finances do play a role in a judge's decision on child custody arrangements, but your finances aren't the only thing to consider. The care you show your child, how you interact and you experiences together add up to more than any money ever could. Showing you're a good parent with good intentions and the ability to support your child can be enough to get the custody arrangement you want, even if your spouse has more money than you.

In the end, the court wants to see a child living in a situation that is happy and healthy with the care needed to feel supported. That can only happen when multiple factors are considered and good decisions are made based on more than a salary figure.

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McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
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Aspen, CO 81611

Toll Free: 800-574-3771
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