What happens when both parents want full custody?

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What happens when both parents want full custody?

My husband and I are talking divorce. We have 2 kids together.My husband says that there is no way that I’m going get full custody because I don’t make enough money to support them. We are both fit parents. Is he right?

Asked on August 17, 2011 Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two types of custody; physical custody and legal custody.  Physical custody means the parent with whom the children are living.  Legal custody means the parent who makes decisions about the childrens' healthcare, education, etc.  Custody can be sole (one parent has custody) or joint (both parents have custody).  Your income has nothing to do with custody.  For example,  you could have physical custody of the children and your husband could pay child support.  Child support is a separate issue.  Spousal support (alimony) is also a separate issue.  Visitation is also a separate issue from custody.  If you and your husband can't agree on a visitation schedule, the court can set a schedule or your state may have mediation to try to resolve the issues of custody, visitation, child support, spousal support, etc. before going to court.


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