When you are trying to determine child custody, both you and your partner may want to spend as much time with your child as possible. However, you may be forced to work nights and sleep all day to be able to meet the responsibilities of your job. A child custody attorney will be able to help you resolve this conflict.
The Neutrality of the Courts
The courts are not allowed to take sides and are supposed to only take into consideration the best interests of the child. However, because a difficult work schedule can be potentially harmful to your child since your child will need to be asleep while you're awake, this may be taken into consideration during a custody dispute.
In some cases, because your schedules are erratic, you may need to take time off to spend with your children. If so, you may need to revise your schedule weekly to make sure that your ex knows what to expect. Also, even while working a night shift, there might still be part of the day when you can be with your kids.
To resolve this, your child custody attorney might recommend that you sit down with a third-party mediator. By doing so, you may be able to come up with a solution to your work conflict. The third-party mediator will have both you and your ex-partner sit in separate rooms and will speak with each party separately to negotiate and eventually reach an agreement that works for both of you.
Contested Custody Cases
If you are not able to resolve your case through mediation, you may want to instead attempt to resolve your case out of court. However, you will want to speak with a child custody attorney first to make sure that the case is resolved in a manner that will be in everyone's best interest.
The courts will look at the history of your relationship with your child, whether there are any complaints or a history of abuse, the current child custody arrangement, whether you and your partner have complied with court orders in the past, and what will affect your child's health, safety, education, and well-being.
You may try to negotiate for you and your partner to have your child with a caregiver rather than with one parent or another when there are scheduling conflicts. However, whenever possible, the courts would prefer that the child be with a parent.