The fact that a person is a stay at home parent whether it’s the mother or father does not mean that that person automatically is entitled to or preferred as the parent to receive custody. It is certainly one of the factors to be considered, and it certainly is very helpful and amendable to the process if the parent is home to take care of the child’s needs. However, this is only one of numerous factors that the court will weigh in on.

In today’s society, where you have, often times, both parents that work, it could come down to a decision between the parents and/or the babysitter. There is no longer the tender presumption, tender age presumption that the child belongs with the mother. Now, it is truly an open opportunity for both parents to seek their position as the custodial parent. Regardless of whether or not the parent is or is not the stay at home parent, the judge will rule that the children are going to be in the custody of the parent that is more suited to be taking care of the children. One of the biggest concerns in the situation of allowing the children to remain with the stay at home parent is that this parent would need to find a way to support the children monetarily.

While either parent can certainly apply for custody, it is important that the stay at home parent does not automatically assume that they will receive that custody. The court will ultimately rule that those children need to be in a situation that is most beneficial to their present and future as the years go on. If one parent doesn’t feel as though the custody agreement is not working, they can speak with their attorney and attempts to renegotiate the custody agreement can be made.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.