Working moms and child custody

People in New Mexico might be interested to hear that working moms are not necessarily gaining custody of their children when they get divorced. Traditionally, mothers almost always retained custody of their children when they got a divorce, whether they were working or not. However, that trend is beginning to shift.

According to the most recent study by the U.S. Bureau of Labor Statistics, about 70.5 percent of mothers are working mothers. Furthermore, nearly 30 percent of those working mothers earn more than their husbands earn. More and more women are the primary breadwinners nowadays while the dads stay at home and serve as the primary caregivers for their children. Consequently, many dads are now being awarded primary child custody whether they are the primary caregivers or not.

Experts say that working mothers might experience a strong disadvantage when they begin contemplating getting a divorce. In some cases, the working mothers are still the primary caregivers at home. In addition to their professional duties, they also perform substantial childcare duties. They get their children up and ready for school, help them with homework, put them to bed and oversee their extracurricular activities. Even in these cases where the working moms are the primary caregivers, the dads may still be awarded child custody simply because they are at home more than the moms are.

Working moms wanting to get a divorce and retain custody of their children might benefit from the services of a family law attorney. A family law attorney might be able to help them present their cases to the court and prove that they are the primary caregivers and capable of working and caring for their children simultaneously. Family law attorneys may also be able to assist them with other divorce issues such as alimony and division of property.

Source: Huffington Post, “Child Custody and the Working Mom“, Lisa Helfend Meyer, June 01, 2013

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