Working full time and raising a child can be difficult. When a couple is
divorcing, working parents may wonder whether the court will grant them
custody of their child if they need to travel a lot. The answer to this
is maybe. It depends on the circumstances and past history of parenting.
The court wants to know that your child will be looked after and well
provided for at all times. If you are continuously traveling, that may
skewer the judgement in your ex’s favor.
One important thing to note about child custody and travel is history.
When deciding who gets primary responsibility of the child, the judge
will look at your situation prior to the divorce. If you were constantly
traveling for work or other reasons before the divorce, the court will
check who took care of the kids in the time you were away. Unfortunately,
this can work against you. In most cases like this, the other spouse becomes
the primary caretaker. The courts consider this.
In order to ensure that the best decision for the child is made, the court
takes into account multiple factors outside of travel time. Some things
they consider are:
- The child and parents’ mental and physical health
- The relationship between the child and their parents
- Each parent’s ability to care for the child and provide for their needs
- The child’s current living situation and pattern
If you have to travel a lot for work, you need to prove to the court that
you can make time for your children. You need to prove that your work
schedule can be altered or changed to meet the needs of your child first.
In custody, what is best for the child is the leading factor.
At James D. Madden, Attorney at Law, we understand how difficult divorce
proceedings and custody battles can be. You need premier legal representation
to ensure your rights to your children are preserved. If you are fighting
for you children, contact our Rancho Cucamonga child custody attorney today.