Can I be terminated because of my wife's custody agreement?

[Scott C]

Jurisdiction

Washington

I work as a software engineering apprentice at AWS. I am part of a special program that trains veterans and under-served populations to become a part of the organization with a formal education. Our CEO had a change of heart about allowing people to work from home and it is now an official mandate enforced by HR. The stipulations of my conversion as a permanent employee stipulate that I must relocate if it is required of me. On May 15th of 2024 I would be expected to move to Seattle, WA from Houston, TX to continue working for AWS.

My wife has a split custody agreement with her ex-husband over their son (8 yrs). I have been informed by a family attorney who works in litigations that I would need to convince a court that moving our family to Seattle would be for the best interest of the child. I don't find it very likely that I would be able to convince a jury of that over time with his father. If we lose in litigation I will lose my savings and I will be out of a job. I also don't believe that my wife's ex would be amenable to any sort of mediation.

This is the best job I've ever had and I feel like I have a really bright future here if I wasn't forced to leave. I feel like I am being forced to accept an ultimatum that I have no power to resolve myself without undue financial burden, threat of termination, and restriction of my own rights/opportunities.

With that being said, I want to know if there is any sort of precedent or statute that forbids a company from terminating an employee (or their role) for complying with a custody agreement that I have say in?

 

[cbg]

Sorry but no, there isn't. The custody arrangement of someone who isn't even employed by them is not your employer's business.

 

[adjusterjack]

I feel like I am being forced to accept an ultimatum

You are.

That's how work works. Surprised you didn't know that.

With that being said, I want to know if there is any sort of precedent or statute that forbids a company from terminating an employee (or their role) for complying with a custody agreement that I have say in?

No.

And you won't be terminated for complying with a custody agreement, you'll be terminated for not obeying the corporate mandate.

My wife has a split custody agreement with her ex-husband over their son (8 yrs). I have been informed by a family attorney who works in litigations that I would need to convince a court that moving our family to Seattle would be for the best interest of the child. I don't find it very likely that I would be able to convince a jury of that over time with his father. If we lose in litigation I will lose my savings and I will be out of a job. I also don't believe that my wife's ex would be amenable to any sort of mediation.

Easy solution:

Leave the boy with his father and your wife can have visitation.

 

[Zigner]

I have been informed by a family attorney who works in litigations that I would need to convince a court that moving our family to Seattle would be for the best interest of the child. I don't find it very likely that I would be able to convince a jury of that over time with his father.

Just to be clear: YOU don't have to prove anything. YOUR WIFE would have to deal with this through court, or (as suggested above) let dad have custody.

 

[zddoodah]

With that being said, I want to know if there is any sort of precedent or statute that forbids a company from terminating an employee (or their role) for complying with a custody agreement that I have say in?

You would not be terminated "for complying with [your wife's] custody agreement." You would be terminated for failing to comply with your employer's directives regarding in-office versus remote work.

You are likely an at-will employee, which means you are free to quit at any time and for any reason, and your employer is free to fire you at any time and for any reason that is not expressly illegal (e.g., discrimination based on race, ethnicity, gender, religion, etc.). You can't force your employer to allow you to work remotely if it has determined you should be in the office (or whatever sort of facility is applicable to your job).

There's no reason why you and your wife can't move and leave the kid with the father. Of course, I doubt she wants to do that (just as the father wouldn't want his child taken nearly 2,000 miles away).

I feel like I am being forced to accept an ultimatum. . . .

I wouldn't call it an "ultimatum." Sometimes we have to make choices in life. When you married a woman who had a kid from a prior relationship, you chose to have your life restricted by the demands of the kid and the custody order for as long as the child is a minor. Fortunately, for you, you and your wife have 2/3 of a year to make a choice between:

1. Keep your job and move without the kid.
2. Keep your job and move while your wife stays in Houston.
3. Your wife can try to get a custody modification to allow you to move with the kid.
4. You get a new job.

There are, of course, other options, but the one that comes to mind is probably something you don't want to consider.

 

[Tax Counsel]

I don't find it very likely that I would be able to convince a jury of that over time with his father.

In pretty much every state child custody decisions are made by a judge. There is no jury in such cases. So it's the judge you have to convince. Depending on the exact effect of the move your wife might be able to argue that the move is in the child's best interest because the job is better than any other you could get and that would help maintain or improve the child's welfare, too.

With that being said, I want to know if there is any sort of precedent or statute that forbids a company from terminating an employee (or their role) for complying with a custody agreement that I have say in?

The company is not a party to the custody agreement and is not bound by it. Furthermore, federal law doesn't help your wife here, and Texas law very likely has no protection for this situation either.

But judges do grant changes to custody/visitation order to account for the relocation of one of the parents if the judge can be persuaded that it is in the best interests of the child. That's always going to be the guiding principle in divorce/custody proceeding when deciding matters involving childen. You and your wife might want to at least meet with an attorney with experience litigating these kinds changes in the court where the matter would be heard. That attorney likely will have a good grasp of what the local judges are likely to accept in these situations.

 

[stealthy1]

Your wife would need to convince the court that the move would be in the child's best interests. Or she could provide the father with custody and accept parenting time.