If you work full time and are going through a custody dispute, you may worry that your job will hurt your chances of being the primary caregiver. Many parents in Texas have full-time careers and still win custody. Courts understand that employment is a normal part of life and focus instead on what is in the best interest of the child.
This article explains how custody works in Texas, what the law says about working parents, real examples of how full-time work plays into custody cases, and how Turner-Monahan PLLC can help you protect your rights.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Custody in Texas – The Basics
In Texas, “custody” is legally called conservatorship. It covers who makes decisions for the child and who spends time with the child. Possession refers to the time a parent physically has the child, and access refers to visitation.
A parent can be named a sole managing conservator or a joint managing conservator. Courts start from the position that children benefit from regular contact with both parents, but every decision comes down to the child’s best interest.
What the Texas Family Code Says About Working Parents
The Texas Family Code sets clear guidelines for custody cases:
Texas Family Code § 153.001
It is the public policy of Texas to ensure children have frequent and continuing contact with parents who act in the best interest of the child, to provide a safe and stable environment, and to encourage parents to share the rights and duties of raising their child.
Texas Family Code § 153.002
The best interest of the child is the primary consideration in determining conservatorship and possession of the child.
Texas Family Code § 153.004
The court must consider any history of abuse, neglect, or family violence when deciding conservatorship and visitation. These factors can outweigh other considerations, including work schedules.
These statutes make it clear that employment alone is not a deciding factor. What matters is whether your child will be safe, stable, and well cared for in your care.
How Working Full Time Can Affect Custody
Working full-time will not automatically prevent you from getting custody. However, the court will look closely at your ability to meet your child’s needs within your schedule. Factors include:
- Your work hours: A steady schedule can work in your favor, especially if it allows you to be present before and after school.
- Childcare arrangements: Having a reliable plan for your child when you are at work shows responsibility and preparation.
- Parental involvement: Attending school events, medical appointments, and extracurricular activities is important.
- Flexibility: The ability to take time off for emergencies or adjust your schedule shows commitment to your child’s needs.
- Stability: A consistent routine helps a child feel secure and may influence the court’s decision.
Real-Life Custody Scenarios for Working Parents
Scenario 1: Standard Day Job with Childcare Plan
A parent works 8 a.m. to 5 p.m. Monday to Friday, picks the child up from after-school care, and spends evenings and weekends with them. This arrangement shows stability and active involvement, making it a strong case for custody.
Scenario 2: Shift Work Without a Clear Plan
A parent works irregular overnight shifts and does not have consistent childcare. This may raise concerns about stability, but the parent could still share custody if a solid care plan is presented.
Scenario 3: Full-Time Work with Family Support
A parent works full time but has grandparents who care for the child after school. This support network can reassure the court that the child is in a safe and stable environment.
Steps to Strengthen Your Custody Case if You Work Full Time
- Document your role as a parent: Keep records of school involvement, medical appointments, and activities.
- Create a clear childcare plan: Have details ready on who will care for your child while you are at work.
- Show flexibility: Be ready to adjust your schedule when your child needs you.
- Maintain a stable home: Courts value a consistent, safe environment.
- Work with an experienced family law attorney in Texas: Legal guidance can help you prepare the strongest case possible.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Working full-time does not mean you cannot get custody in Texas. The Texas Family Code focuses on what is best for your child, not the number of hours you work. With a solid plan, reliable childcare, and evidence of your active involvement, you can present a strong case.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
