Fortunately, custody is not determined based on who has a job and who doesn’t. Instead, it’s based on what is in the children’s best interests. That usually means that the primary caretaker gets custody. As long as you can prove that you can provide a better home for the children and have a better relationship with the children, the court should award you custody.
Even after you begin working again, you may worry that your spouse will make significantly more money than you, which could hurt your chances of custody. You may fear that since your ex can give your child more opportunities, he or she will be awarded custody. That’s normally not what the court looks at when deciding custody – unless there is a huge, huge disparity in incomes, it should not have much of an impact on custody.
The best thing you can do to increase your odds of receiving primary custody is to make a strong showing in court about why it would be in the children’s best interests to live primarily with you. You can prove that you are their primary caretaker, you have a stable lifestyle, and that you have a closer relationship with the children than the other parent. You may choose to bring witnesses, statements of psychologists or other experts, and other evidence to show that your children would be better off with you.