Can a father who is the primary care giver get custody of his children?

Question: My wife and I have agreed that we need to separate. It is best for all of us including our children aged 3 and 2. However, I am worried about my children.

My wife is in the RAF, so has a demanding, full time job. Our home is in her name because I do not work. I stay at home and look after both of the children. My youngest daughter has Down’s syndrome. The only cash I bring into the home is the carer’s allowance I receive for looking after her.

I am worried because my wife wants me to move out leaving both of the children with her. She plans to use a child minder to take care of them.

I do not want this, I am my children’s main caregiver and I do not want them to suffer the stress of someone else looking after them. Stability is especially important for my youngest. My wife says I have no chance of winning custody because I have no home and no job. What are my rights and chances or actually getting custody?

Answer: As the children’s main caregiver, you have the same rights a mother who stays at home to look after the children would have. The fact you claim the carer’s allowance for youngest daughter is compelling proof that you are indeed her main carer. In addition, the court is likely to view your petition even more favourably because your daughter is disabled.

On the face of it, your wife is wrong and you have a strong case for claiming custody. However, before actually taking action it is important that you sit down and discuss everything, in detail, with a legal professional. Doing so will ensure nothing is missed and that you have all the facts you need to take the right steps.

You can contact us at Hylton-Potts via 020 7381 8111, which is free to call, or by writing to us at [email protected].