A very challenging area of the law in a Bucks County divorce is the nurturing parent doctrine. The nurturing parent doctrine recognizes that a custodial parent who stays at home and cares for a child does, in fact, support the child. This is normally terminated when the child reaches school age. In determining whether to expect a nurturing parent to seek employment, the trial court must balance factors such as the age and maturity of the child, the availability and adequacy of others who might assist the custodial parent, and the adequacy of available financial resources if the parent does remain at home. Moreover, the court is not strictly bound by the nurturing parent's assertion that the best interest of the child is served by the parent's presence in the home.
The nurturing parent doctrine permits a court to consider a parent's desire to stay home to raise young children and, when appropriate, excuse such a parent from contributing support payments. The doctrine is fact-sensitive. There is no absolute rule that earning capacity cannot be imputed to a parent who chooses to stay home with a minor child. Of course, a court is not strictly bound by the nurturing parent's assertion that the best interest of the child is served by the parent's presence in the home. It is for the court to determine the child's best interest. But the court must balance several factors before it can expect the nurturing parent to seek employment. Among those factors are the age and maturity of the child; the availability and adequacy of others who might assist the custodian-parent; the adequacy of available financial resources if the custodian-parent does remain in the home. While not dispositive, the custodian-parent's perception that the welfare of the child is served by having a parent at home is to be accorded significant weight in the court's calculation of its support order.
A court is not strictly bound by the nurturing parent's assertion that the best interest of the child is served by the parent's presence in the home. It is for the court to determine the child's best interest. But the court must balance several factors before it can expect the nurturing parent to seek employment. Among those factors are the age and maturity of the child; the availability and adequacy of others who might assist the custodian-parent; the adequacy of available financial resources if the custodian-parent does remain in the home. While not dispositive, the custodian-parent's perception that the welfare of the child is served by having a parent at home is to be accorded significant weight in the court's calculation of its support order.