I see cases all the time where working parents are concerned about the parenting skills of their husbands or wives but worry that their careers or long hours at work will be held against them in a divorce. For example, dad busts his tail working and his wife is a stay at home mom. Or vice versa, there are a lot of stay at home dads out there. But, maybe the other parent has not been a very good stay at home parent lately- perhaps there is erratic behavior which has caused them to pay less attention to the kids or a new love interest who has turned the family upside-down. The working parent now wants residential custody of the children because that is what he or she thinks is in the best interests of the kids. How does it work?
It is true that one of the things that the court will consider in custody cases is who has always been the primary caretaker of the kids. If your spouse is a stay at home mom or dad (or was for the better part of the marriage) and has always been the one to take the kids to the doctor, cook, pick them up from school, etc- he or she may have that in their favor. But that does NOT mean that you will automatically lose a custody battle. It does mean that your you & your attorney will need to strategize ways to high-light all of the other things that you have going on your side if you are going to win a custody fight. Custody fights can be nasty business and you need to make sure that you are going to be working with someone who can evaluate all aspects of your situation and give it to you straight. This is too important to leave to chance. Mediation can also sometimes help hash out custody issues and avoid some of the ugliness, which might be something to consider.
If you think that custody may be an issue in your divorce and you are worried about how your career or long work hours may play into it, talk to someone right away to know what your best options are. We can help. Call 630 250-8813 for an appointment.