Could a Demanding or Irregular Work Schedule Impact Custody?

 Posted on October 15, 2024 in Child Support

If your job requires a demanding or irregular work schedule, could your spouse use this against you during the allocation of parental responsibilities? Could your work schedule harm your ability to obtain parenting time? At least 10 percent of the workforce is assigned to irregular or on-call work shift times, and another 7 percent work split or rotating shift schedules.

Irregular work schedules impact those in professional positions, such as doctors and nurses, as well as those in low-income jobs like agricultural workers. Workers with irregular or demanding work schedules often report experiencing work-family conflict. Those who are required to work regular overtime hours can also experience work-family conflict, particularly those with very young children and single parents.

If your spouse is threatening to use your work schedule against you to become the primary residential parent or to minimize your parenting time, you need a strong legal advocate who will fight for your rights as a parent. Choosing a Wheaton, IL parental responsibilities attorney from Andrew Cores Family Law Group ensures you receive a fair determination on parental responsibilities or parenting time.  

What You Need to Know About Illinois Determination of Parental Responsibilities

First, remember that you and your spouse can work out your parental responsibilities and parenting time decisions on your own, along with a mutually agreeable parenting plan. If the judge deems these decisions to be in the child's best interests, your agreements will stand. If you and your spouse cannot agree and your spouse intends to use your work schedule against you, then you and your attorney need to be ready to counter his or her arguments.

An irregular or demanding work schedule on its own does not disqualify you from being the primary residential parent or having liberal parenting time. Courts understand that both parents must work to make a living for the child and will only be looking for evidence that both parents are making an effort to prioritize the child's well-being and make necessary sacrifices when possible. Illinois allocations of parental responsibilities are based on the following:

• The physical safety and well-being of the child

• The current parental duties and responsibilities of each parent

• Whether there are extended family members available to care for the child when necessary

• The willingness of each parent to foster a positive relationship between the child and his or her other parent

• The ability of each parent to care for the child or obtain childcare when work requires flexibility

• The ability of each parent to attend to the daily physical, emotional, educational, and mental needs

• The physical and mental health of each parent

What Can You Do to Minimize the Irregular or Demanding Work Argument?

If you believe your work schedule may impact your parenting time, there are certain steps you can take to show the judge you are willing to make necessary sacrifices for your child. These include:

• Ask your employer about a more flexible work arrangement.

• Show that you have a strong support network of family, friends, and reliable childcare options that can be there for your child when you are unable to be there.

• Make sure the court is aware of the time you currently spend with your child despite your work obligations.

• If you currently work the night shift and sleep during the day, a judge could be reluctant to designate you as the primary residential parent. Talk to your employer about potentially changing your shift.

• If your work requires constant travel or relocation, you may need to consider changing jobs, at least for the foreseeable future if you want liberal parenting time or designation as the primary residential parent.

Contact a DuPage County, IL Child Custody Lawyer

You must understand your options and legal rights if you have a demanding or irregular work schedule. When you have an experienced Wheaton, IL allocation of parental responsibilities attorney from Andrew Cores Family Law Group, our goal will be to help you develop a parenting plan that aligns with your goals and your work schedule. Call 630-871-1002 today to schedule your free consultation.