The Child Custody Challenges Faced by Working Women in NJ

Mothers who are business owners or in leadership roles often face unfair scrutiny and are sometimes perceived as less capable caregivers due to their work commitments.

Parents love their children and will do anything for them. As a business owner or a woman in a leadership role, having physical custody of the children after a divorce can be challenging, especially when their ex declares them unfit for physical custody because they work too much. Maintaining a balance between work responsibilities and child-rearing is a struggle all working parents face, but more of the burden is typically placed on women to “do it all.” Fathers are expected to be the breadwinners, with fuller schedules and more responsibilities outside the home. However, their ability to be a parent is never questioned. Women in leadership roles at work who clock in long hours and may have to travel for business reasons are viewed as less capable caregivers because of the social bias that expects them to always put the family first.

Strong women are often viewed as cold or disinterested in their families, according to recent research that revealed that judges are as biased as everyone else where gender roles and child custody are concerned. Andrea Miller, an assistant professor of Psychology at the University of Illinois-Urbana-Champaign, conducted a study involving 500 family court judges, 68% of whom were men. The judges were surveyed regarding their beliefs about gender roles in general and in the workplace and how those matters affected their child custody decisions. The participants were presented with 4 mock custody cases and were asked to write a brief ruling for each case. Judges whose bias toward traditional paradigms was noted in their surveys consistently gave the mother more custody rights than an equally qualified but working father. Not surprisingly, when the roles were reversed, working women were not only given fewer rights than their partners, but even less parenting time than employed fathers. This study demonstrated not only a gender bias but retaliation against mothers who are successful professionals seeking physical custody of their children. This study supports the idea that even judges are not immune to traditional social constructs that can heavily influence their custody decisions.

However, there is no logical reason why a woman cannot own a business and maintain her parental rights. Being awarded physical custody should not be impossible for women in leadership positions. Since the mid-1980s, more than 60% of mothers have entered the workforce, and in today’s work environment, more of them are becoming business owners or retaining high leadership positions. It is unfair to prevent them from experiencing the same success as men without it influencing their ability to have custody of their children because of the bias caused by an antiquated perception of a woman’s role as a mother.

Female Entrepreneurship as a Factor in New Jersey Custody Battles

As in all custody situations, the New Jersey Family Courts prioritize the well-being of minor children. Their focus is on providing them with the best possible environment in which to grow and flourish. The court’s primordial objectives are the children’s emotional, physical, mental, and educational needs and ensuring a safe and stable environment that minimizes the adverse effects experienced by their parents’ separation.

Pursuant to N.J.S.A. 9:2-4, some of the factors include how well the parents communicate with each other and can cooperatively make decisions, as well as each parent’s ability to follow parenting time and custody agreements while allowing for flexibility when necessary. The children’s relationship with their other siblings, half-siblings, and step-siblings is also evaluated. If there is a history of domestic violence, physical, emotional, or sexual abuse by a parent, or parental alienation, they are taken into account. The amount of time and involvement between each parent and the children, the parent’s health, employment responsibilities, and the number of children are considered. Regarding education, the caliber of the children’s educational opportunities and the parent’s geographical proximity are also of value. If the children are mature enough, the judge may also assess their wishes regarding physical custody.

Strategies a Mother and Business Owner Can Employ to Safeguard Her Parental Rights

It is indeed possible to balance the physical custody of your children with your professional responsibilities. Today’s technological advances, such as working from home and having virtual meetings, make it easier to manage both roles. A reliable support network, such as close friends, grandparents, or extended family who can provide childcare when you have to be at work or on a brief trip, is invaluable.

It is crucial to keep records of your involvement with your children. A great way to do this is to keep a journal with photos and a brief description of activities and highlights. They can be as basic as an afternoon at the park, a home movie night, recitals, sporting events, etc. It is helpful to include medical appointments or therapy sessions as well. Letters from the important adults in your child’s life indicating the positive influence you have on your children and their ability to thrive with you is a good idea. Teachers, coaches, childcare providers, church leaders, and other extra-curricular instructors can provide unique insight into your abilities as a parent. Lastly, your attorney may request the help of expert witnesses such as child developmental specialists or teachers who can vouch for your contributions to your children’s well-being.

Cooperative Co-Parenting Techniques for Working Moms

Parenting during and after a divorce is hard enough without having to manage pettiness and arguments. No one is saying you must be best friends, but hopefully, you will be mature enough to realize that the better co-parents you are, the better the result for your children. Working out a flexible parenting time schedule, having a backup plan for work-related emergencies, and supporting one another when there is a problem are beneficial to everyone involved. Encouraging the children to send videos, audio, or live chat when you are away is a concrete activity your co-parent can encourage.

Ensure Family Stability and Business Success by Contacting a Monmouth Family Law Attorney for Custody Support

At the Bronzino Law Firm, our family law attorneys can provide crucial support to women business owners and those with leadership roles in many ways. We can gather the evidence necessary to portray a working mom as a nurturing, caring parent. Our team can also negotiate a parenting plan that accurately reflects a mother’s interest in spending as much time as possible with her children. Furthermore, we can assemble and utilize extensive evidence and even call upon expert witnesses to buttress the argument for allowing female entrepreneurs and women with children and full-time jobs to have physical custody. Our custody lawyers understand the unique challenges faced by business moms in Ocean and Monmouth County, including those in Middletown, Spring Lake, Barnegat, Sea Girt, Brick, Tinton Falls, Freehold, Lakewood, Manasquan, Ocean Grove, and surrounding areas.

We provide the comprehensive support our clients need during their divorces, custody battles, and long after when modifications of existing orders are required to adapt to changing personal, financial, and professional situations. Above all, our family lawyers know how hard it can be to run a business and raise your children. We can offer you the answers you need when facing uncertainty about how to address your custody case as a female business leader in New Jersey. If you or someone you know is preparing for, or in the midst of, a child custody case, call us today to speak with an attorney at (732) 812-3102 or reach out to us online.