COVID-19 UPDATE: Our office remains open to serve you. In addition to face-to-face appointments, we are offering phone consultations and video conferencing. Please call the office to discuss your options.

Can your spouse use their wealth to get custody of the kids?

On Behalf of | Oct 6, 2021 | Child custody and visitation |

Your spouse has a lot of money, and you know money talks — but does it have any real influence in family court? Will your spouse end up with custody of the kids (as they claim they will) just because they have more wealth than you?

This is a common — but mistaken — belief. Your spouse may very well be used to using money to get their way, but family court judges operate according to the law.

Florida law creates a legal presumption that parenting is best when shared

According to Florida statute, “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.”

While this presumption is rebuttable, your spouse would have to show that shared custody would somehow be dangerous or harmful to your child — and that doesn’t include the fact that you cannot provide your child with the same luxuries as your spouse.

In other words, your spouse can threaten all they want, but they cannot use their wealth to imply that you’re an unfit parent or that your children would fare badly in your care. (In fact, they will probably have to contribute to your children’s support, which will level the financial playing field.)

Don’t let your spouse’s threats frighten you into staying unhappily married

Angry, vindictive spouses often make threats when they realize that their marriage is failing as an attempt to retain control over the situation. The more you know about the how the law works, however, the more those threats will fall flat.