How Does Job Stability Affect Custody?

By Beverly Bird

When parents divorce, courts can be charged with the unenviable job of deciding which parent their children are better off living with. You and your spouse can avoid putting this delicate issue in the hands of a judge by negotiating your own custody terms. Otherwise, the judge will base a decision on a legal standard called the best interests of the child. Employment in itself isn't generally a best interests factor, but your job might still influence a judge.

When parents divorce, courts can be charged with the unenviable job of deciding which parent their children are better off living with. You and your spouse can avoid putting this delicate issue in the hands of a judge by negotiating your own custody terms. Otherwise, the judge will base a decision on a legal standard called the best interests of the child. Employment in itself isn't generally a best interests factor, but your job might still influence a judge.

Custody Factors

Each state has its own list of best interests factors. No single factor is any more important than the others – they're weighed in total. Some common themes include the child's preference if he's old enough, which parent traditionally cared for the children when the marriage was intact, and whether either parent is likely to interfere with the children's relationship with the other parent.

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Job Implications

If you've loyally worked for the same company for years, a judge might consider that a good reflection of your character, and a parent's character is a best interests factor in many states. If you've shown a tendency to job-hop, however, this might indicate to the judge that you have a problem committing yourself to important things. Some states, such as Michigan and Tennessee, look to which parent demonstrates a capacity or disposition to provide for the children's needs, so a parent who chronically avoids working might not be favored in this respect. In Tennessee, judges can base custody decisions, in part, on the available hours you can devote to your children, so a workaholic parent may not win points either.

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References

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Georgia Law for Children & Divorces

Divorce actions are personal by nature. If a couple has minor children, custody and support matters can sometimes devolve into competitive battles between parents, with little or no regard for the well-being of a child. For that reason, Georgia law requires judges to place the interests of the parents second to the needs of the child in deciding any child-related issues during a divorce.

The Basics of Full Custody in Michigan

All states base custody decisions on the best interest of the child, but Michigan has gone a step further. It does not leave the definition of “best interest” entirely to the interpretation of a single judge. Michigan’s state code includes the Child Custody Act, which specifies criteria which a judge must consider. Michigan courts generally will not award full custody to a parent unless she meets most, if not all, of these criteria. The state prefers that parents share joint custody whenever possible.

Disabled Parents' Rights in Custody Battles

Child custody can become one of the most hotly contested issues in a couple's breakup. While the court's job in a child custody battle is rarely an easy one, a parent's disability can make it even more difficult. Although governments generally can't discriminate on the grounds of disability, the physical and mental capacities of both parents are highly relevant to a child's safety and well-being, and therefore a disability can play a part in a court's decision.

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