Not everybody gets to work a job from 9-5. Nurses, medical lab technicians, first responders and even many factory workers work nights, weekends and rotating shifts.
These schedules can make parenting more complicated, especially after a separation or divorce. A parent’s work schedule can also sometimes become a source of conflict in a custody dispute.
Working nights doesn’t make you an incapable parent
Texas courts focus on the best interests of the child, not whether or not a parent has to work third shift or some other nontraditional schedule. While your work schedule may be relevant in a custody dispute, it’s only one part of a much bigger picture. The court may also consider:
- Your childcare arrangements: Who looks after your child while you’re working? Is that person reliable?
- The children’s school schedules: Can you make certain that your child gets to school on time, does their homework and has a stable routine?
- Your availability when you are not at work: Are you able to spend quality time with your child when you’re not working?
- The stability of your home: Does your work schedule permit you to provide your child with a safe home?
- What has happened in the past: Have you always been actively involved in your child’s daily care, education and general life despite your work hours?
Working nights might actually have some advantages. For example, a parent who works overnight may be available during the afternoon to pick up their children from school, help with their homework and more before a grandparent or sitter arrives to watch them at night.
In fact, Texas Family Code Section 153.253 says that the courts must provide parenting time arrangements as similar as possible to the standard possession order when a parent’s work schedule makes the standard arrangement impossible or ill-advised.
The goal is always to preserve parent-child relationships while still making certain that the child’s need for stability is met. A skilled family lawyer can help you present a strong, focused case and preserve your parental rights and privileges.