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Can your affluent spouse take your child from you in a divorce?

On Behalf of | Oct 5, 2021 | Child Custody |

If you are divorcing someone with considerable wealth and power, you may fear they will wield it against you in the divorce. Your spouse may even have told you that you will never see your child again.

Money can buy many things, but children — and child custody — are not among them. As the parent of a child, the law accords you with certain rights. 

Custody revolves around the child’s best interests

The law believes children do better when both parents continue to be a part of their life. While your spouse may think they can separate you from your child, the law is unlikely to agree unless it feels you pose a danger to your child in some way.

If a custody case goes to court, a judge will look at several factors when considering how to award custody. They will make their decisions based on what they believe is in the child’s best interests

While your wealthier spouse may be able to give your child more holidays, more expensive clothes, a bigger room and a better education than you, that does not mean that living with them is in your child’s overall best interests. If your child has grown up with you looking after them, a judge may view taking the child away from you and putting them in the care of a nanny as harmful — even if it meant the child gets to jet around the world.

In general, the courts tend to believe that shared custody is the best option, so your wealthier spouse may just have to accept that they don’t have control over your access to your child. Your spouse can still provide many advantages to your child, even if the child spends most of the time with you. They could pay for an excellent education close to your home and take your child during the holidays. They could also help you provide a good standard of living for your child by being generous in the divorce settlement and when paying child support and spousal maintenance.

Don’t let aggressive words scare you. Learn more about your rights and options as you pursue your divorce.