[Divorce] No income during divorce, no custody of child?

No income during divorce, no custody of child?

When planning a divorce, the other party may argue with me over the custody of the child and claim that I have no economic income, so it is impossible for me to obtain custody. Is that true?

If both parties agree to the divorce, the couple can decide on their own who will have custody of the child.

However, if there is a dispute between the two parties, economic ability is not the only factor that the court will consider in determining custody. The factors that the law will consider in determining custody include:

  1. The welfare of the child.
  2. The wishes of the parents.
  3. The wishes of the child (if the child is capable of expressing independent wishes).

If the child is under the age of 7, the judge will assume that the child’s mother is more suitable to have custody, unless the child’s father can prove or refute this assumption, such as by proving that the mother has a history of domestic violence, etc.

The court will not deprive the mother of the right to obtain custody of the child just because she has no job income.

Generally, the solution to this type of situation is that although the custody of the child belongs to the mother, the father will pay child support for the child.

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