Multitasking young african american woman, working mother freelancer using laptop computer with baby girl in hands, ethnic female doing freelance work on maternity leave

Being a parent is a job that occupies 24 hours of the day, 7 days of the week. Which is difficult in and of itself, but is even more challenging when you also have a demanding career. 

Perfectly balancing professional obligations and parental duties is impossible. And that becomes even more obvious when you split up with your child’s other parent and New Mexico’s child custody laws — and the judges that enforce them — assume that you can adhere to a rigid child custody agreement.

This isn’t realistic for anyone, but it is almost comical to think that the state expects CEOs, business owners, entrepreneurs, doctors, lawyers, and other professionals in high-pressure roles to know what their schedule is going to look like months or years from now.

How Job Type and Employment Status Impact Child Custody Agreements

The key to making this work is crafting a co-parenting plan that takes both parents’ careers into consideration, gives everyone a little wiggle room, and still focuses on prioritizing the best interests of your child. Below are a few examples of how Attorney Bob Matteucci has helped parents in different career paths craft child custody agreements that balance professional responsibilities with a parent’s most important job.

The Best Interests of the Child

There are two things to remember as you begin to think about how best to share custody of your child with your former partner. 

  • The first is that your attitude will have a bigger impact on your kid than any child custody agreement ever will. If you make it clear to your child that you want to spend time with them, you will both cherish those moments together.  
  • The second is that most parents do not end up splitting physical custody of their children 50/50… and that’s okay. Children need 100% of your love, not 100% of your time in order to feel connected to you.

With that being said, it is important to understand that New Mexico’s child custody laws are written in a way that compels reluctant, absent, and otherwise unwilling parents to step up to the plate. When you sit down with your child’s other parent or your lawyer and start talking about visitation, transportant, decision-making, and the like it feels very formulaic. 

Take a step back and focus on the fact that the conversation you are having shouldn’t be about checking boxes on a legal form, but ensuring your child is well-loved and supported by both parents. In the legal world we call this the “best interests of the child” and under New Mexico law, the factors used to determine what that is are: 

  • the wishes of the child;
  • the interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child’s best interest;
  • the child’s adjustment to his or her home, school, and community; and
  • the mental and physical health of all individuals involved.

Weighing these factors determines which parent should be awarded primary physical custody, and how much time the other parent should be able to spend with them.

As you can see, a parent’s job is not explicitly included on this list. But the demands of certain careers can raise concerns about availability, consistency, and the ability to meet a child’s needs.

Nobody’s Working 9 to 5 Anymore 

Gone are the days when people clocked in, did a solid eight hours of work, then went home to their family. Today, we are working longer hours than ever before thanks to technology that tethers us to the office at all times, and the pressure of hustle culture which tells us we should always be striving for more. 

This is an endemic issue, but there are certain fields where keeping a predictable schedule, and being able to unplug is particularly challenging. Some parents in these careers find that they are a hurdle to crafting their preferred child custody agreement. But Attorney Bob Matteucci knows there is always a way to ensure parents get to spend quality time with their children. 

Impact of Long or Irregular Work Hours

Professionals like doctors, attorneys, and business executives in the Albuquerque area often have unpredictable schedules, working long hours that can extend into evenings and weekends. This can pose challenges when negotiating custody arrangements, as courts may question whether such a schedule allows sufficient time to care for a child.

The court may worry that such work will:

  • Limit the time a parent can spend with the child (which is known as physical custody), and
  • Prevent a parent from fully participating when important decisions about the child’s care must be made (which is also known as legal custody).

These are valid concerns. But Attorney Bob Matteucci has countered them by emphasizing the advantages these roles can also provide:

  • Many people in these fields have a strong family support network that helped them achieve professional success. Evidence of the ability of extended family members to step in and help care for the child if the parent’s work is demanding their time can be quite persuasive. 
  • It may also be helpful to show that the hard work the parent is doing provides the financial means to hire professional support like nannies, or other childcare providers who help ensure the child’s needs are met.
  • Working in these types of jobs also tends to give parents the ability to think and react quickly during an emergency. If — heaven forbid — something bad happens and the child needs a parent to step in with a clear head and make quick decisions, these parents often have that skill set. 
  • Focusing on quality over quantity is also important. While some careers may limit the total time a parent can spend with their child, New Mexico family court judges also consider the quality of that time. A parent who creates meaningful, enriching interactions during limited hours can still demonstrate strong caregiving.

Business Ownership and Custody

Business owners face unique challenges when navigating custody agreements. Running a business often requires you to work long and unpredictable hours. And it may also mean you have lots of meetings, travel, and unpredictable demands that pop up. 

In these cases, Attorney Bob Matteucci likes to focus on the two F’s: Flexibility and Financial Stability to make the case that a parent who is a business owner can still be a great caregiver.

  • Flexibility: Business owners often have more control over their schedules compared to employees in rigid roles. Demonstrating a willingness to adjust work commitments for parenting responsibilities can strengthen a custody case.
  • Financial Stability: A thriving business can ensure the child’s financial needs are met, which is a significant consideration in custody agreements.

Entrepreneurial Ventures and Custody

Entrepreneurs often face unique custody challenges due to the demanding nature of starting and running a business. Courts may perceive startups as unstable, both financially and in terms of time commitments. However, there are ways to address these concerns:

  • Providing evidence of financial stability and planning can reassure the court of your ability to provide for the child.
  • Demonstrating effective time management skills — which is a skill entrepreneurs must have — can counteract concerns about the unpredictability of entrepreneurship.

Remote Work and Its Implications

The rise of remote work has many families — and family court judges in the Albuquerque area — struggling to figure out how these working arrangements impact child custody agreements. In theory, a parent that is working from home is always available for their child. But we all know the reality is a little bit different. Parents must still work while working from home, so the quality of the care they can provide while on the clock may be lacking. And having no separation between the home and the office can be stressful for everyone. 

In these cases, Bob is helping parents emphasize:

  • The flexible nature of these jobs, which allow parents to work around their child’s schedule. 
  • The ability of a work-from-home parent to supervise other caregivers like family members or nannies who have primary responsibility for care of the child during work hours. 
  • The parent’s ability to set boundaries and create separation between work and home life. 

Serving Families with Dignity & Compassion

While having a demanding career can complicate child custody negotiations, it does not preclude you from having a strong and meaningful relationship with your child. Attorney Bob Matteucci can help you highlight the positive aspects of your work life and emphasize the ways your child benefits from your hard work. Contact the Matteucci Family Law Firm today to schedule a meeting.