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Will My Work Schedule Impact My Child Custody Case?


In today’s economy, it is typical for both parents to work full-time. Generally speaking, working a full-time schedule will not be counted against you by the courts. In fact, it establishes that you are responsible and can effectively provide for your children. However, not all jobs are the same. In some cases, such as truck drivers, your schedule may be erratic and you may be on the road for extended periods of time. If your job requires you to travel a lot, you may not be able to establish a firm timesharing schedule. In other cases, you may work the third shift meaning you sleep during the day so that you can work at night. Florida courts can and do consider work schedules when determining child custody. In this article, the Orlando, FL family law attorneys at Greater Orlando Family Law will discuss how your work schedule could impact your child custody case.

Custody versus time-sharing 

In Florida, custody refers to the right to make legal decisions on behalf of the child or act as their power of attorney. Parents with custody have the right to make decisions on the child’s education, health care, religious upbringing, and more. A parent without custody would not have this legal right, but still may be allowed to visit the child. Understanding the difference is key when deciding custody matters.

Generally speaking, a parent with an unusual or erratic work schedule would not lose the right to make legal decisions on behalf of their child. However, it will impact their time-sharing and visitation schedule.

Can an erratic work schedule impact my child custody case? 

Not everyone works on a stable schedule. If you work the night shift, for example, your former spouse may try to argue that you will be unable to care for the children. Based on this argument, they may say that they deserve more parenting time. While your work schedule will impact your visitation schedule, it is not the only factor when deciding matters related to child custody. In many cases, a third-shift worker can retain custody of their children. The same holds true for those who work as first responders, firefighters, nurses, and law enforcement that may require swing shifts.

When will my work schedule impact my right to custody? 

Those who work very demanding schedules may find that the courts favor the other spouse when awarding custody or visitation. Those who, for example, work 14-hour days would have less time to spend with their children. The courts would consider this when awarding custody. The courts will consider only what is in the child’s best interests when determining where the child lives. This does not mean that the parent would lose all custody rights to their child, but they may be disadvantaged when it comes to time-sharing.

Talk to an Orlando Divorce Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents who are pursuing divorce. We can help advocate on your behalf when it comes to child custody and visitation. Call our Orlando family lawyers today to schedule an appointment, and learn more about how we can help.

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