Your work schedule is one of the things a Georgia judge may weigh in deciding custody, but it is one factor among many.
What the Statute Says
Among the best interest factors in OCGA 19-9-3(a)(3), factor (K) is “[e]ach parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child.” The judge may weigh it along with any other relevant factor. Our post on whether fathers can win custody in Georgia describes a father whose work schedule let him spend more time with the child, which helped him win primary physical custody.
Who Will Care for the Children
In Rowden v. Rowden, 290 Ga. 65 (2011), both parents were fit, but the father “did not have a concrete childcare plan for the children,” while the mother, a physician, lived near her own parents, “who could help her with the children.” The trial court gave the mother primary physical custody in the divorce, and the Georgia Supreme Court affirmed.
Late Hours Are Weighed With Everything Else
In Lurry v. McCants, 302 Ga. App. 184 (2010), a mother had worked restaurant shifts ending after 10 p.m., and the father, who had spent two years on a work assignment in Orlando, argued that her late pickups from babysitters disturbed their daughter’s rest. The trial court refused to change custody, and the Court of Appeals affirmed, noting evidence that the girl was a straight-A student in many activities and that both parents were involved in her schooling. That was a request to change an existing order, a separate subject.
Their consent order also gave each parent a “first right of refusal” to keep the child whenever the other had to be away for more than four hours after 6 p.m. Parents can agree to a term like that, as our post on whether a judge can reject a custody agreement explains.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!