Stay-at-Home Mom vs. Joint Custody: Does My Ex Have a Case? Artwork

Love Court Off the Record

In the podcast, Love Court Off The Record, we look at specific legal questions regarding all family law matters. From child custody to child support to divorce. We also take a humorous look at divorce. It does make people go crazy!!

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Love Court Off the Record

Stay-at-Home Mom vs. Joint Custody: Does My Ex Have a Case?

March 06, 2025 • Anderson Keuscher Brachmann • Season 1 • Episode 11

The Question:

Dear Jessica, I need a second opinion. I have a lawyer. I’m going through a divorce. I have two kids who are five and three years old. I have primarily been a stay at home mom. I go to all of their doctors appointments. I do all of the shopping. I cook all of their food. I know what they like what they don’t like. I do all of their laundry. I plan all of their activities. I just assumed when my husband wanted a divorce that he would understand that I would continue to do these things for the kids. He is now trying to get joint physical custody. He wants to go week on week off with these kids and it is absolutely not in their best interest to go back-and-forth like that. This is what I have done their entire lives and I would like to continue to do it. My lawyer is telling me that he has a good chance to get joint physical custody and I wanna make sure that that’s accurate because it doesn’t seem right.

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In this episode of Love Court, divorce attorney Jessica Anderson answers a listener’s question about custody battles between a stay-at-home mom and her soon-to-be ex-husband. Can a father who hasn’t been the primary caregiver get joint physical custody? Jessica breaks down the legal factors at play and what courts consider when deciding what’s in the best interest of the children.