Yes, a non-earning mother can get custody of her kids if she is opting for divorce. However, it is important to note that in all cases, the judge will consider the best interests of the child when making a decision. In deciding what is in the child's best interest , the court will look at several factors. The court may consider the past conduct of each parent including acts of domestic violence and abuse. The court may also consider the ability of each parent to provide for the needs and lifestyle of the child. If a non-earning mother can show that she will be able to provide for her children in a way that a dating mother would be able to do, then she should have a good chance at getting custody of her children. The quick answer is yes. Non-earning mothers can get custody of their kids when they opt for divorce. The reason for this boils down to the fact that the parent who has custody gets to decide where the kids will live, and a court will be inclined to grant custody to w...