Can my spouse take my kids away?

    Can my spouse take my kids away?

The basic answer to this question is, unless you are abusive or a pedophile, no.  We can’t tell you how often a husband who is emotionally abusive to a wife, and who also earns all of the income in the family, will threaten his wife with taking the kids away.
The husband will say that the courts will look at his income and say that the kids are better off with him, because he earns more money.  THIS IS NOT TRUE.  Courts are smarter than this.  They realize that kids need love and affection, not money.  So who earns
the most income in the family, who the breadwinner is, is really irrelevant in the court’s decision as to who the kids should stay with.  In fact, courts most often like the parents to share custody.  This shared custody can take any number of forms.  For example, the wife could have the kids Monday and Tuesday, the husband could have the kids Wednesday and Thursday, and the parents could split alternate weekends.  If the husband works a lot, the wife might have the kids during the week, and the husband would have weekend visitation.  The variation on this visitation schedule is vast, typically, the parties try to agree on this and make sure that it is best for everybody.  If the parties cannot agree on it, the court will listen to everybody and try to do the right thing.  But the bottom line is, unless you are a really bad person, your spouse cannot take your kids away.