Dealing with Custody Challenges When Your Work Schedule Doesn’t Fit the Mold

Having a demanding job may also mean a lack of work-life balance.  You are not alone if you have an unpredictable schedule or frequently work extra hours at night and on weekends.  Navigating custody arrangements can become even more challenging in this situation, whether it be long hours or erratic scheduling requirements for your job. However, there are ways to create a custody and parenting time arrangement that benefits the child and parents.

Consideration of Work Schedules in Custody Decisions

A divorce is a life-changing event for everyone involved and impacts the children the most.  Predictable routines and consistency, especially in children ages ten and younger, can reduce anxiety and fear.  Children are ill-equipped to manage stress and find comfort in stability and known outcomes.  For working parents, the courts aim to create a custody plan that allows parents to spend meaningful time with their children as regularly as possible.  Courts evaluate whether parents can be relied on to fulfill their parenting time and responsibilities despite their schedule at work.

New Jersey courts prioritize the “best interests of the child” standard as listed in NJ Rev Stat § 9:2-4 (2023) when determining child custody arrangements.  The standard is based on a series of factors to analyze the best possible custody agreement regarding the child’s needs and rights.  Some factors most related to unpredictable work schedules include each parent’s mental and physical health, willingness to cooperate and communicate with each other, and ability to keep their child safe.  The court will also review the ability of each parent to take care of their child’s mental, physical, educational, and emotional needs.  Each parent’s access to childcare and the availability of extended family are also considered.  Equally important is how well each parent can keep up with their obligations.

Understanding the Need for Parental Flexibility

Flexibility is an important component as well.  Today’s children participate in a slew of extra-curricular activities such as music lessons, sports, robotics, and dance.  Rehearsals, practices, and competitions require a parent to be available for transportation and cheer their child on.  Success requires true teamwork and flexibility on the part of the parents.  Also, unforeseen schedule inconveniences include snow days, illness, and dentist or doctor appointments, and parents need to be able to step in when needed.

Types of Work Schedules that Create Challenges for Child Custody and Parenting Time

Long Work Hours

Long work hours can infringe on a parent’s ability to be there at crucial moments,  such as graduations, recitals, and sports championships.  Courts may view a busy parent as less capable of providing consistent attention and care.  The other parent, who has more time available, could be awarded more parenting time.

Rotating shifts

Rotating shifts is another challenge when trying to establish a routine.   A rotating shift is a schedule that requires employees to work at different times (morning, evening, and swing shifts) to provide continuous coverage.  Police officers and healthcare workers often have a rotating schedule.  This can wreak havoc on their circadian rhythm, disrupt sleep patterns, and impact physical and mental health.  It also makes it challenging to schedule parenting time because the rotation pattern is not necessarily fixed.  For example, Officer Drummond is working a swing shift (from 4 PM to midnight for 8 days, then he has two days off, followed by 9 days of night shift, and another  3 days off.   His following schedule is another swing shift, but a morning shift follows that.  Some rotating shifts are pre-determined and facilitate planning parenting time.

Night shifts

Night shifts, although regular, do not provide much opportunity for a parent to spend evenings making dinner or sharing a bedtime story.  But not all parenting looks the same.  Routines around breakfast time and getting ready for the day can be just as meaningful.  However, courts might be concerned about a parent’s ability to care for the child during the day after working through the night.  Alternative childcare is essential for these situations.

Traveling Jobs

Some parents must travel:  entertainers, sports scouts, sales representatives, professional athletes, and pilots are just a few examples.  Parents working in these roles may require unconventional parenting plans that can be adjusted to fit their trips.  Fortunately, most parents who travel know well in advance when and how long they will be gone, which makes planning easier.

On-call Schedules

Doctors, IT technicians, utility service workers, fire rescuers, snow plows, and road treatment specialists are essential to keeping the community safe, and frequently, their work results from an emergency.  Parents who work on-call require a strong network of caregivers to help during an emergency and a good relationship with their co-parents if emergency childcare is necessary.

Proactive Planning for Your Non-Traditional Work Hours Custody Case

The more evidence you can present to the court, the better it can assess your ability to parent despite having a non-traditional work schedule.  Proactively address the issue by providing a detailed outline of your work schedule and how you plan for childcare and parenting time.  Letters or testimony from those who provide childcare and contracts or proof of enrollment in daycare programs are helpful.  Keeping a log of what you do with your child and the dates and times you are together can show the court evidence of the close relationship you and your child have.  Another good idea is to include photos, especially of school events or extra-curricular activities.

Courts value stability and consistency.  Proactive planning and options for contingencies if there is an unexpected schedule change provide the court with proof that your child will receive constant care.  Because your schedule varies, it may not be possible to establish a bedtime or morning routine every day, but showing your commitment by providing examples of other routines can make a difference.  Peaceful, straightforward, successful communication with your co-parent is also essential to show your commitment as a parent.  It could be a serious disadvantage if you cannot cooperate and be flexible. If the court still has concerns, circle back to how your arrangements benefit the child, such as maintaining emotional security, educational support, and overall well-being.  Talk about how you are proactive and committed to being a present parent.

Our Family Law Team Can Help You Navigate Custody Matters with Non-Traditional Work Schedules in New Jersey

Your child is the most important person in your world.  Your goal is to spend as much time with them as possible despite having a challenging work schedule.  Unfortunately, custody agreements can be less straightforward than you think. Our family law attorneys at Montanari Law Group can guide you through the steps while presenting your case effectively. We will develop a strong case strategy that shows your desire and commitment to being a great parent. If possible, our lawyers will negotiate with your co-parent and their attorney to create a parenting plan that works for everyone involved.  Our job is to protect your rights and advocate for you, even if that means going to court. If you have concerns about how your work schedule can affect the custody of your child in Pompton Lakes, Hawthorne, Nutley, Bloomingdale, Clifton, Ridgewood, Hackensack, Garfield, Paramus, Essex Fells, Totowa, or elsewhere in Northern New Jersey, call us today at (973) 233-4396 for a free consultation or complete this form and someone from our team will connect with you shortly.