Balancing Work and Court Appearances

Your Job Matters — for Your Case and Your Life

Judges want to see employed, stable fathers. But family court doesn't care about your work schedule. Hearings are set during business hours, and the court expects you to be there. Here's how to handle both.

Your Rights Regarding Time Off

FMLA does not cover court appearances (it covers serious health conditions and new child bonding)
Some states have witness or court duty protections similar to jury duty leave — check your state's labor laws
Union contracts may include provisions for court-related leave
Many employers will work with you if you're honest and professional about it

Talking to Your Employer

You don't need to share every detail. A simple approach:

"I have a family legal matter that requires some court appearances over the next few months. I'll give you as much notice as possible and make up the time. I'm committed to my work here and want to minimize any disruption."

What to provide:

Advance notice of court dates (as soon as you know them)
Documentation if requested (a copy of the court notice — redact sensitive details)
A plan for covering your work (swap shifts, work remotely, make up hours)

Requesting Continuances

If a hearing date conflicts with a critical work obligation:

File a motion for continuance as early as possible
State the reason clearly and provide evidence (work schedule, employer letter)
Propose alternative dates
Courts grant continuances for legitimate work conflicts, especially if requested well in advance
Don't overuse this — judges lose patience with repeated continuances

How Courts View Employment

Employment works in your favor:

Shows financial stability and responsibility
Demonstrates you can provide for your children
Indicates routine and structure
Proves you're a productive member of the community

Unemployment isn't automatically a negative, but the court will want to see active job-seeking efforts.

Shift Work and Parenting Time

If you work non-traditional hours:

Present a realistic parenting plan that accounts for your schedule
Show your childcare plan for when you're working
Demonstrate that your schedule still allows meaningful parenting time
Consider whether a schedule change at work could improve your custody situation

Minimizing Time Away From Work

Ask the court for morning or afternoon hearing slots
Prepare thoroughly to avoid needing continuances
Respond to motions promptly so cases don't drag
Consider mediation (often faster and more schedule-flexible than court)
Ask your attorney about telephonic or video appearances where allowed

Next Steps

Note all your court dates on your work calendar immediately
Notify your employer with as much advance notice as possible
Plan how you'll make up missed work time
Ask your attorney about scheduling flexibility
Document your employment stability for the court