Both remote work and screen time have the potential to shift the outcomes of custody battles, which means attorneys must develop a deep understanding of their implications and adjust their strategies accordingly.
Digital connectivity has come to play a central role in our modern lifestyle. It’s changed virtually every aspect of our day-to-day routines, including the way adults work and how children play.
In the context of custody battles, digital connectivity has been a game-changer. By enabling a greater capacity for remote work, digital connectivity gives parents the flexibility they need to be more available to their children. Those seeking custody can claim their remote work schedule allows them to manage the drop-offs, pickups, and other duties courts commonly consider.
But increased connectivity has also introduced tension to custody cases in the form of screen time considerations for children. Recent statistics show that children have a voracious appetite for screen time, with the average child spending more than two hours a day on screens by the time they are 2 years old. As custody agreements are mapped out and evaluated, screen time is often part of the conversation.
The following are some key factors attorneys should consider as they help clients navigate custody cases in the age of remote work and digital parenting.
Remote work shifts the custody advantage away from the stay-at-home mom
The rise of remote work has undermined the traditional view that full-time working parents cannot be capable caretakers. In the past, one parent could argue that the other’s work schedule and commute would prevent them from being present for a child in their custody. Now, in light of the flexibility afforded by remote work, that argument is more challenging to make.
For attorneys representing fathers, the shift has made it easier to argue for a 50/50 split. Statistics from nearly a decade ago show mothers were being named custodial parents in approximately 80 percent of cases. With remote work, however, stay-at-home moms have less of an advantage.
One pitfall to avoid is the assumption that parents will be seen by the court as more available simply because they work remotely. Judges understand that employers using remote work models still demand productivity, which means parents, even though they are at home with children, may be required to put their children’s needs aside to fulfill their work responsibilities.
Attorneys can’t think that their client’s remote work position is a panacea for winning custody. Home environment, structure, the ability to provide for the child’s educational needs, and the ability to foster a relationship are factors that should also be brought into the argument.
Overall, attorneys should expect remote work to make custody battles more complex and drawn out, as judges are forced to contend with a more nuanced evaluation of who could provide better primary care for the children involved.
Screen time considerations now play a key role in winning a child’s allegiance
The value of screen time has become a widely debated parenting issue as digital connectivity has increased. Some parents see it as a welcome tool that distracts children and lowers the care burden. Others seek to limit screen time, encouraging instead more traditional forms of socialization.
In custody battles, screen time is an element that is often a point of contention. When one parent wants to see balanced screen use, they may argue that the other parent is allowing it to an unhealthy degree, presenting it as a sign of poor parenting. On the other hand, a parent who is more lenient in terms of screen time limits can leverage that to win over their child’s affections.
It’s critical that attorneys understand screen time can be a powerful tool for swaying the custody decision. Children are easily influenced. When a parent presents a better situation, such as a home with unlimited screen time, it could be the factor that convinces the child and the child’s attorney to voice a preference for that parent.
For attorneys engaged in custody cases, the changes digital connectivity brings to the culture can’t be ignored. Both remote work and screen time have the potential to shift the outcomes of custody battles, which means attorneys must develop a deep understanding of their implications and adjust their strategies accordingly.
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