Can you get child custody with no job?

Question Detail

My husband is trying to control my every move. I want to leave but he said if I leave if can’t take my son because I don’t have a job. Could I get custody?

Answer

Yes, you can get child custody even if you are unemployed. The court considers the “best interests of the child” when determining custody and visitation. You will need to file for divorce and file an Order to Show Cause requesting that the court set orders for child custody, visitation, child support and possibly spousal support. It is likely that the court will order him to pay you support for the care and maintenance of your son and maybe even spousal support depending on your individual circumstances.