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SPARC Custody FAQ

15. Is unemployment a factor in awarding custody?
Unemployment can be a factor, but it might not work the way you'd expect it to. In some instances, not having a job equates to having more available time for the children, and if the judge knows one parent is working and able to financially support the children, the one without the job is free to be the "caretaker" or custodial parent. This is statistically more likely to be true if the unemployed parent is the mother. This may not be fair, but it is a fact that should be taken into account. Some attorneys will go so far as to advise a parent to quit work in order to bring this very kind of situation into effect. Again, this tactic is much more likely to be suggested to a mother than a father.

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