How Might Working From Home Affect Child Custody and Visitation?

As remote work becomes increasingly common in the United States, parents may wonder how working from home might affect their child custody and visitation cases. 

At first glance, working from home seems to offer a clear advantage that could strengthen the position of a parent who wants a greater share of parenting time. A parent who works from home may be able to accommodate their child’s school schedules, extracurriculars, transportation needs and medical appointments with greater ease. The ability to remain physically present before and after school can be important, particularly when there are younger children who require more hands-on supervision.

At the same time, working from home is still work. Virtual employment often has fixed hours, productivity expectations, meetings that must be taken and significant employer oversight. A parent can be physically present at home but practically unavailable for their children during the workday.

Custody determinations focus on the best interests of the child. Judges must evaluate each parent’s overall ability to provide their child with stability, supervision and support. Their employment structure forms only one part of that analysis. 

To that end, a judge may examine several factors when evaluating the weight of a parent’s at-home employment on their parenting time:

• The age and independence level of the child or children
• The job’s flexibility regarding schedules and breaks 
• Whether the parent has any experience managing work and caregiving together
• The availability of in-home support with the children when needed

The judge may question whether a parent can remain attentive to their children and stay engaged if their professional responsibilities constantly compete with their caregiving. Documentation can play an important role, as the courts may need to review a parent’s work schedule, their employer’s policies, communication expectations and back-up childcare plans. 

In sum, working from home does not automatically increase parenting time, nor does working outside the home automatically diminish it. Remote work can, however, have a meaningful impact during custody negotiations, which should be explored with the guidance of an experienced child custody lawyer.

The attorneys at the law firm of Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, located in St. James, NY, provide clear guidance for diverse family legal matters, including those involving child custody. Call 631-360-0400 or contact us online to obtain a free initial consultation.