Working Parent’s Work Used Against them in Custody Trial

Can your work be used against you in a custody case?  I read an article at entitled Custody Lost where a working mother was in a deep custody battle with her husband who had been unemployed for several years.  I have seen this from both sides: a dad tries to take custody away from the mother because of her job; and, I’ve also seen it the other way where moms try to use a dad’s job to say that he is withdrawn from the children’s life and should not be granted custody of them.

So does your work play in to the custody determination?  Unfortunately, yes, it does.  Your work is a part of who you are.  You spend a considerable amount of time there each week and it removes some of your flexibility in life.  A family court judge trying to determine a custody case in South Carolina must decide what is in the child’s best interest.  That is really the overarching concern in the case.  Your job is not going to be the be-all, end-all, but it is a factor that will be considered.  In my experience, most judges are not going to be swayed in one direction just due to a job because a judge is going to expect the parents to work to be able to provide for their family.  Where the rubber meets the road is whether the job materially impairs your parenting.  Are you constantly late getting your children to school or picking them up from day care, are your children doing poorly in school because you are working so much that you do not have time to assist them with their studies, are they acting out because they are spending more time with a baby sitter than with you because you work until after they have gone to bed for the night?  Keep these in mind if you are facing a custody battle and your spouse is going to try to use your work against you.  While it sucks, you should definitely be realistic about the demands of your job and how you prioritize things.


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