How Work Schedules Impact Parenting Time & Child Visitation

Are you a parent with unusual work hours that wants to know how work schedules impact Parenting & Child Visitation Time ?

Going through a child custody case can feel like walking down a dark alley without a light. During these dark and stressful times, fear of the unknown can flood a parent’s mind with a tornado of concerns and questions about what to expect.

Child custody cases can be especially stressful for parents that work non-traditional hours. Examples of non-traditional work schedules include:

Parents who work in the healthcare industry as nurses, doctors, or dentist;
Fire Fighters or Police Officers;
Fast food industry; or
Any essential industry that maintains non-traditional hours.

CAN A PARENT’S WORK SCHEDULE HURT THEIR PARENTING AND CHILD VISITATION TIME?

New Mexico judges consider several factors when determining child full legal custody and parental child visitation. A parent’s work schedule is one factor that can impact a judge’s decision regarding parenting time (visitation).

New Mexico courts always focus on a child’s needs. Judges may award one parent a greater share of parenting time if the other parent is required to work long hours – or non-traditional hours. New Mexico judges tend to prefer visitation schedules that provide a child with maximum time with a parent, opposed to leaving children with third-party caregivers.

New Mexico courts believe that children thrive with predictable, familiar, and consistent routines. A child’s school, sleep, or nap schedule creates the routine that the court is interested in maintaining. Judges are concerned when one parent’s work schedule interferes with the child’s routine and schedule.

New Mexico judges are child-centered and view a child’s best interests as the focal point. Because of this focus, judges believe that children are the nucleus and parents should rotate around the child’s schedule.

WHEN DOES A PARENT’S WORK SCHEDULE HURT PARENTING AND CHILD VISITATION TIME?

A parent’s work schedule can impact parenting time anytime that the schedule is not a traditional 8 to 5 schedule. Jobs with non-traditional schedules include:

Food and drink industry;
Rotating schedules;
Flight attendants/pilots;

The negative impact of non-traditional work schedules can be unfair because:

A parent may be working non-traditional shifts for additional income;
This additional income could result in more child support being paid; and
The additional income and child support works against the parent’s visitation time.

WAYS THAT A PARENT’S WORK SHCEDULE IMPACTS PARENTING AND CHILD VISITATION TIME

A parent’s work schedule can impact child visitation time whenever a parent is unable to be present with the child. A parent’s inability to spend time with the child includes:

Activities;
Homework;
Dinner;
Family time;
School exchanges; and
Traditional parenting.

A parent’s inability to bring the child to activities – or spend time with the child after school – can negatively impact parenting time & child visitation.

EXAMPLES OF WORK SCHEDULES THAT CAN HURT CHILD FULL CUSTODY AND PARENTING TIME

Any non-traditional work schedule has the potential to hurt parenting time & child visitation. Jobs that include evening hours can impact parental visitation because it prevents a parent from caring for a child after school. Courts prefer traditional schedules that enable parents to care for children:

After school;
Completing homework;
Preparing dinner;
Bathing; and
Putting a child to sleep.

WHY ARE JUDGES CONCERNED ABOUT A PARENT’S WORK SCHEDULE?

Judges are concerned about non-traditional work schedules because they impact a parent’s ability to care for children. Judges are reluctant to create parenting times that result in a latchkey kid – a child that returns to an empty home because the parent is at work.

Judges are also reluctant to create child visitation schedules where a third-party cares for the child, rather than a parent.

It will be a problem if your judge decides that your work schedule interferes with your ability to meet your child’s physical and emotional needs. Judges always prefer for children to be raised by parents — not computer, televisions, or third-parties because one parent is working.

CREATE A PARENTING PLAN THAT IS BASED ON YOUR UNIQUE WORK SCHEDULE

Not all child visitation schedules are created in court. NM judges only decide the appropriate parenting time & child visitation when parents are unable to reach an agreement outside of court. The court prefers for parents to co-parent and decide issues of parental visitation outside of court.

Developing an amicable parenting plan enables both parents to take control over parenting time & child visitation – taking the issue out of a judge’s hands.

An unusual work schedule can create hurdles on the path towards reaching an agreement with your ex. With that said, hurdles are not barriers that prevent an agreement from being reached outside of court.

Consider working with your ex to create a plan that fits for both homes. It usually is best to try and resolve your disagreement through divorce settlement facilitation before placing the decision in your judge’s hands.

Participating in marital settlement facilitation allows you and your ex to sit down with a skilled mediator. This experienced mediator can help both sides develop a schedule that works for everyone. A skilled mediator has the needed experience to think outside of the box, creating a schedule that works for everyone.

Reaching an agreement outside of court also encourages co-parenting and works towards preventing future issues. In end, judges prefer for parents to co-parent and resolve these issues outside of court.