Legal Question in Family Law in North Carolina
I'm a 35 year old female of one child 2 years of age. I have been in court for 8 months fighting for custody, maintenance and a car. I am divorcing my ex because of domestic violence and cheating. As agreed by us while we were still married, I quit my job to be a stay at home mother. Full custody is my main concern, My lawyer is saying it is safe for me to go back to work even though I do not have full custody yet. I feel he is wrong. As long as I know Im home I will have my child full time but since my ex knows the law and has been taking advantage of it very well Im afraid he will get my child during the days until he has to work.. He works night and I will be working days. I have a feeling my lawyer knows he is not doing a good job with getting me maintenance and just wants to make sure I can take care of myself.. I DONT CARE ABOUT WORKING I CARE ABOUT MY CHILD... But with that said I still have no job, no maintenance and only minimal child support. Keep in mind my ex makes over 6 figures a year. What should I do? Is it safe to work or should I stay home because as long as Im home my child will be with me, correct?
1 Answer from Attorneys
"I don't care about working I care about my child." If you have access to sufficient funds - great, don't work. If you don't have access to sufficient funds, as you seem to imply, then your statement is utterly ridiculous. You getting a job (as long as it is not being a prostitute or some other illegal undertaking) should not weaken your position regarding child custody. However, your incorrect and tenacious belief that 'staying at home' will boost you position could, ironically, hurt you. Why would the court allow a parent without sufficient funds to have full custody of the child? So basically, your belief "...as long as Im home my child will be with me, correct?" is flatly wrong and your attorney advised you as such. Further, it appears you don't want the child with dad during the day, possibly not even at all. Why not? Seems perfect! If he works nights and you may work days. Unless dad is a complete dirt bag, he will get visitation at least. It may take some time, but what you really need to do is let go of the emotional aspect, anger, hurt, etc.. and work with your soon to be ex so that you can both provide for the best interest of the child. Your dream of keeping the child all to yourself while sitting around collecting fat checks from your ex most likely an't gonna happen.