Many divorced parents strive to provide their children with a stable life. Still, circumstances change, and sometimes, a parent may need to deal with an unpredictable work schedule. This often results in concerns about a child’s welfare, missed quality time and the feeling of shouldering the parenting load alone.
New York courts require a “substantial change in circumstances” to modify a custody agreement. A parent’s occasional schedule changes might not meet this standard. Still, if the unpredictable work hours become a chronic issue that negatively impacts the child’s life, they could be a factor.
Documentation is key
The key question is how the parent’s work schedule affects the child. Consider these aspects:
- Disruption to routine: Does the unpredictable schedule make it difficult for the child to maintain a consistent sleep schedule, mealtimes or extracurricular activities?
- Emotional impact: Does the child feel anxious or stressed due to the lack of stability?
- Quality time: Is the parent consistently unavailable for important events, homework help or simply spending quality time with the child?
If you believe your child is suffering due to the other parent’s work situation, you will need to document the impact. This can include records of schedule changes, school reports showing your child’s academic performance or behavior has declined and doctors’ note if they experience anxiety or other emotional distress.
Creating a stable environment for your child
As the court prioritizes the “best interests of the child,” any child custody agreement modifications should clearly benefit the child’s well-being. If open communication with the other parent fails to address the issue, seeking legal guidance can help you navigate the modification process effectively.