Do Work-From-Home Parents Have an Advantage During Child Custody Matters?

The rise of remote and hybrid jobs that was accelerated by the COVID-19 pandemic is here to stay. According to the Bureau of Labor Statistics, only a handful of industries have seen their work-from-home numbers shrink back to 2019 levels, even with some companies pushing return to office policies. 

A lot of the research on the rise of telework focuses on its impact on productivity, the real estate market, and transportation policy. A bit harder to nail down, is the link between the ability to work from home and a person’s happiness and health. And least studied of all, is the effect a parent working from home can have on a child.  

Judges in Long Island’s family courts are beginning to grapple with this issue in child custody cases. They — and we at Aiello & DiFalco LLP — have discovered that work-from-home parents are trying to make their job a selling point when seeking more time with their children. 

Is You Working from Home in Your Child’s Best Interest?

The key to negotiating or litigating a child custody agreement is figuring out what is in the best interests of the child. Under New York law, this means considering:

• The physical, emotional, and social needs of the child
• The parenting skills of each parent
• The mental and physical health of each parent
• The willingness of each parent to foster a close relationship between the child and the other parent
• The preferences of the child, depending on their age; and 
• Any indication the child or parent is encountering domestic violence or struggling with substance abuse. 

As you can see, a parent’s job is not explicitly included on this list. The family court judge doesn’t care what a parent does for a living, but they do consider how a parent’s job impacts the factors above. 

The Advantages of Being a Work-From-Home Parent in a Custody Dispute

While a parent’s job title may not mean much in a court of law, it is possible to highlight the benefits certain careers have for one’s child. The Aiello & DiFalco team has argued that certain clients who work remote have the flexibility to:

• Be More Present During the Day – Attending school events, helping with homework, or managing a sick day can be easier when working remotely.
• Minimize Disruptions to the Child’s Routine – The ability to be home during transitions from school or extracurricular activities can provide a sense of stability.
• Provide Care or Supervise Other Caregivers – For younger children especially, being physically present can ensure consistent care and safety.

These are major benefits that can substantially improve a child’s quality of life, and should be considered when deciding which parent has primary physical custody. 

Challenges to Consider When a Work-From-Home Parent is Seeking Custody

While there are many benefits to being a remote worker, it also has its downsides. These must also be taken into consideration when a work-from-home parent is seeking custody. 

• Work Life Balance — Is there a clear separation between work duties and home life? Is the parent ever really off the clock and 100% devoted to parenting? 
• The Quality of Supervision – Being at home, and being able to focus on taking care of a child are two very different things. 
• The Home Environment – In cases where a parent’s remote work involves high-stakes responsibilities or constant calls, the apparent flexibility may not translate into actual availability for the child. 

These are major downsides that parents with traditional jobs may not face. 

Dedicated to You & Your Family in Your Time of Need

Whether you work from home or in a more traditional setting, showing that you can provide stability, emotional support, and a collaborative approach to co-parenting is the best way to advocate for physical custody of your child. 

At Aiello & DiFalco LLP, we know can help you highlight your parenting abilities and craft a custody agreement and parenting plan that meets your family’s unique needs. If you have questions about child custody or how your work situation may impact your case, contact us to schedule a consultation.