Can I Have Custody of My Kids If I Don’t Work?

Oregon law states that parents must support their children. They must provide maintenance when the children cannot work and care for themselves. For the safety and well-being of their kids, parents should guide them to have healthy emotional, physical, and psychological skills. Additionally, parents should financially support their children’s needs.

When a married couple has children, the spouses may decide it is financially beneficial for one parent to work and the other to stay home and care for the children. Commonly, mothers stayed and home as caretakers and homemakers. However, in recent years the number of stay-at-home fathers increased. Although stay-at-home parents may contribute to the income of the marriage and household, they defray costs such as childcare.

Other reasons for one parent not to work include chronic illness, disability, and job loss. In such cases, the unemployed parent may desire to work but cannot get or maintain gainful employment.

The breakdown of a marriage may lead to a couple wanting to get a divorce., The couple can file for a dissolution of marriage to obtain a divorce in Oregon. Each spouse may seek sole custody of their children when they file for divorce. State law states that each parent has the right to custody and control their child. Oregon law does not favor mothers over fathers for child custody.

The court must decide what is in the child’s best interest when determining the custody arrangement. The judge must consider factors such as:

• The attitudes of the parents to the child
• The emotional connection of the child with other family members
• The preference for the child’s primary caregiver
• The willingness and ability of each parent ensure that the child has a close and continuing relationship with the other parent.

The law does not prohibit an unemployed parent from having custody of their child. The court only considers a parent’s income and job status if it causes or may cause emotional or physical harm to the child. If the non-working parent gets custody, the court can order the noncustodial parent to pay child support to the custodial parent for the financial care of the child.