When your marriage comes to an end, there are many things that must be resolved, one of which is custody of the children. In the past, you may have worked full-time outside the home to provide for the family financially while your spouse was a stay-at-home caregiver. Just because your spouse was the primary caregiver prior to the marriage’s end, that does not automatically mean that she is legally entitled to be the primary physical custodian after the divorce. The court must decide custody based on the best interest of the children and there is large list of legal factors the judge must look at, with past arrangements being only one factor among many.
In other words, if you desire to be your children’s primary physical custodian, do not despair just because your ex was a stay-at-home parent prior to the divorce. Instead, consult with an experienced Maryland family law attorney and learn more about how to pursue your goals in your case.
As an example of a case where the “stay-at-home” parent didn’t receive primary physical custody after the divorce, there’s the case of A.P. and J.P., who began divorce proceedings in 2017. The husband had been an active member of the U.S. Navy for more than a decade. The wife was very briefly employed during that time, but mostly stayed home to care for the children.