Written by Jonathan Breeden
Owning a business can be a challenge when you’re a parent. Having to create a balance between raising a family and the means to support it only becomes more complicated after a divorce. You are trying to maintain a livelihood so that you can provide for your children, which just takes away from the time you want to spend with them. As a business owner, you are used to making tough decisions. Giving up custody should not be made lightly. You should contact a Raleigh child custody lawyer to help you navigate the intricacies of maintaining your business and establishing a parenting schedule that is fair to you and in your children’s best interest.
Call (919) 661-4970 or connect with the Breeden Law Office to schedule a consultation.
Child custody, whether it’s for separated or unmarried parents, requires that a custody plan meet the “child’s best interests” standard. This means that any parenting plan agreed upon and approved by the courts will need to be designed to provide the most benefits to the child. That means the state will consider what kind of benefit a child receives in a plan and who can provide it. For a parent who owns a business, that distinction can be challenging.
In custody matters, courts will consider several factors, like a child’s developmental needs, the health and well-being of their parents, their parents’ homes and environments, and the parents’ relationship with the child, among others. Owning a business can impact these factors in your own life. Different custody plans, like physical or legal custody, could create different needs, but it’s critical that you work with your child custody lawyer to find a resolution that works in your interests.
Everyone’s living situation is different. Not everyone is in the same place when they get divorced or own a business. Courts will approach scenarios differently, and we can explore how various situations may be seen in custody matters.
A parent’s livelihood is one factor judges will consider during custody matters. When one parent owns a business and the other has their own job, the business owner could be considered a self-employed worker. The difference here is that there are often greater demands as a business owner. As an owner, your schedule could fluctuate easily, you could experience client emergencies, you may need to travel, and you may suffer from perceived instability.
When you’re in the middle of a custody battle, owning a business alone could be a double-edged sword. On one hand, you show you are committed enough to handle a successful business and be financially stable. However, without the right evidence to show you have that consistent income, or that you aren’t constantly working, or that you won’t be around to take care of your children personally, solo business ownership might be an argument that sinks your custody request. A custody lawyer can help you prepare an argument to support your custody claim.
Owning a business with a spouse isn’t uncommon, but one partner may depart the business after a divorce. When both parents opt to stay involved with the business, custody can become another sticking point. As a co-owner with your ex, you need to consider how the business will function and what that means for your custody plan. Will you and your ex be able to rationally talk about work finances and family finances without tensions making either party overreact?
When you’re arguing for visitation or custody of your children, the judge will consider what kind of environment co-ownership of a business with your ex-spouse will be for your child, and how the business’s long-term health could affect any long-term parenting plan. Exceptions may need to be made to balance time spent between the business and the custody plan.
While a healthy business can be a sign of stability, a growing business may put your custody efforts into jeopardy. A growing business is a sign that you could potentially have plenty of income to sustain your child’s needs, but it also means that you could have to spend more time away while dealing with stressful situations.
A custody judge may also ask if the growth is sustainable or if you prioritize the business over family time. Remember, the family court doesn’t always care about who is more successful, but who can serve the child’s needs the best. You and your attorney will need to show that a growing business doesn’t mean you will leave your family behind.
In today’s age of technology, not every business needs to operate in a brick-and-mortar store. Some businesses work from your home or entirely online. Freelancing or contracted hours allow more flexibility, removing the expectation of fixed hours or physical locations. This is an opportunity for a business owner arguing for custody to point out that they are more flexible, but it may also be argued that they are less accountable. A skilled custody attorney can help argue that a parent with a non-traditional business could be more available in their child’s life.
When you are fighting for a custody plan that offers you time with your child while also allowing you to maintain your business, you should be prepared to make some compromises to meet your goals. There are a few proactive steps that you could take to protect your interests in your custody struggle while continuing to operate your business.
Being a parent and a business owner is a challenge that not everyone is ready for. When you’ve decided to strike out on your own while also trying to raise a family, you will be faced with some tough decisions. When you contact our custody lawyers, we will ask you some questions to help evaluate the practical steps we can make together to achieve your parenting plan goals.
First, we need to examine how much time your business allows you for parenting. A packed schedule throughout the work week could mean your home is better suited as a non-custodial home, letting you spend weekends with your children.
We’ll also need to ask what your plans for your business are. While we certainly won’t discourage you from keeping it, we can explain in depth how your plans could disrupt your custody goals.
We want you to find the best balance between your business and your family. We have helped clients review their situations and their options, providing legal and financial advice. We bring experience and a willingness to fight for you to the table so that you can be the hero of your family’s story.
The Breeden Law Office understands that helping your family and running a business can be challenging. Founding Attorney Jonathan Breeden understood that when he started the firm in 2000. He knows you’ve worked hard to follow your dream and create a business. Jonathan also knows that your family has needs, too — he’s here to help you navigate your legal options and fight for the best options.
Call (919) 661-4970 or use our online form to schedule a consultation. Be the hero your family deserves.