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My Husband Says He Will Get Custody of Our Children Because He Has More Money. Is He Right?

Under Georgia child custody law, the net worth of a parent is not a factor that judges should consider in making a custody determination that is in the best interest of the child. What is far more important are the factors that guide judges in making decisions about what custody arrangement is in a child’s best interest, such as which parent has traditionally cared for the daily needs of the child and which parent is better equipped to meet the child’s needs. However, financial stability, in terms of a parent’s ability to provide a safe and clean home for a child and ensure that he or she is adequately fed and clothed, may be a factor for consideration in some custody cases.

For instance, if a parent is repeatedly evicted from his or her rental home or apartment, causing him or her to continually move and disrupt the child’s life, this could be a factor in favor of awarding custody to the child’s other parent. Likewise, if a parent does not maintain consistent employment, but often is unemployed or moves from job to job, these facts may indicate to the court that he or she cannot maintain a consistent and secure life for the child.


With that said, the mere fact that one parent earns more than the other is not a reason to award custody to him or her. The fact that a parent receives food stamps or healthcare assistance for the child is not a reason to deny him or her custody. Parents just should be mindful of the fact that stability is paramount in child custody cases. Evidence of stability can include consistent employment and housing, even if it is at a lower level than that of the other parent.

If you wish to explore the possibility of modifying your child custody order, the Shaw Law Firm LLC, can assist you. We will evaluate your situation and advise you about your available options in terms of filing a petition to modify custody in your case. Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.