Types and Schedules of Child Custody in Family Law Cases
50/50 and 70/30 Custody
Understanding the different types of custody can sometimes be confusing for parents, which is why we will now explain the types of physical custody and help determine which one best suits your case.
50/50 Shared Physical Custody:
This type of custody means that both parents will have equal time living with and raising their child. They will have equal visitation schedules, and both parents are equally responsible for the child’s needs. This type of custody is generally preferred, and parents, judges, and mediators often seek this arrangement because it is usually more favorable for the child. However, they may also consider granting one parent primary custody while assigning monthly visits to the other parent.
Similarly, to create a co-parenting or visitation schedule, parents must ensure that each home is safe for the child, agree on the time and place for exchanges, and be willing to let go of resentment to make the process smoother.
70/30 Custody:
This type of custody means that one parent has 70% of the custody and the other has 30%. The parent with 70% has sole physical custody and is responsible for caring for the child and meeting all their rights and needs. The parent with 30% custody is still responsible for the child’s well-being, even though they have less time.
There are several reasons for considering this type of custody, including:
- The child does better spending more time with one parent.
- One parent has a demanding work schedule that prevents them from spending much time with the child.
One parent has a history of misconduct, limiting the time they can spend with the child.
Weekday and Weekend Schedules for Both Parents:
Mixed weekday and weekend schedules allow both parents to spend regular time with their children during weekdays and weekends. In this arrangement, the child spends between six and eight nights with each parent over a two-week period, and then the schedule repeats.
There are also ways to divide time within parenting schedules that are important to understand and possibly implement.a
2-2-6-4 (60/40 Parenting Time Split):
In this parenting schedule, the child spends 2 days with one parent, then 2 days with the other parent, followed by 6 days with the first parent and 4 days with the other. In this arrangement, one parent has 60% of the parenting time, and the other has 40%.
3-2-4-5 (50/50 Parenting Time Split):
In this schedule, the child spends 2 days with one parent, then 2 days with the other, followed by 6 days with the first parent and then 4 days with the second. This results in a 50/50 split in parenting time.
Customizing Weekday and Weekend Mixed Schedules:
Parents can adjust or customize the schedule to meet the child’s needs. They can choose the most convenient exchange times, consider the child’s school schedule, and involve alternate caregivers if needed.
For example, to reduce parental interaction, a 3-2-4-5 schedule can be implemented so that exchanges occur at the child’s school.
Changing Visitation Order:
Parents can rearrange visitation rotations within the two-week schedule. For example, a 3-2-4-5 schedule can be flipped so that the child spends 5 days with the first parent, 4 with the second, then 2 with the first parent, and 3 with the second.
Adding Third Parties:
This refers to the child spending time with individuals other than the parents—such as teachers or a nanny. Including third-party time in the parenting schedule can help manage time better and ensure each parent has their designated time with the child. However, depending on the court, this time may be excluded from the parenting schedule.
Pros and Cons of These Schedules:
These schedules have their advantages and disadvantages, which parents should evaluate carefully while considering the child’s age, adaptability, school hours, and extracurricular activities (especially for teenagers).
The advantages of this type of schedule are the following:
- Parents have both weekday and weekend time with the child, offering variety.
- The schedule can accommodate non-traditional work hours.
- The child can see both parents in a short period.
- Equal parenting time.
The disadvantages of this type of schedule would be the following:
- Schedules can be difficult to remember and may cause confusion.
- Frequent exchanges require parents to live close to each other, which can be an issue.
- The child must adapt to frequent changes in living arrangements.
Alternate Weekend Custody Schedule Options
In a schedule with alternating weekends, the child spends every other weekend with the non-custodial parent. This type of schedule can be very flexible, allowing the family to adapt to it. Alternate weekend schedules typically follow a two-week rotation, meaning the pattern repeats every two weeks.
Alternate Weekends of 4 Days:
In this type of schedule, the non-custodial parent has a long weekend with the child starting on either Thursday or Friday every other week. This schedule works well for parents who prefer less frequent exchanges but longer visits for the non-custodial parent.
When this schedule is applied, it runs from Thursday to Monday morning, allowing the non-custodial parent to have approximately 30% of the child’s parenting time.
Alternate Weekends with Midweek Visits:
In this type of schedule, the non-custodial parent has every other weekend with the child, plus a midweek visit each week. Weekend visits can fall on a Saturday or Sunday, and may also include a long weekend. Midweek visits can be a full day, half a day, or a short dinner. The day may vary or rotate between certain days. This type of schedule can be a good option for parents with fluctuating work schedules.
This alternate weekend schedule usually runs from Friday afternoon to Monday morning, with midweek visits occurring after school between Tuesday and Thursday. Under this schedule, the non-custodial parent would have approximately 20% of the child’s custody time.
One Weekend Day Every Two Weeks with a Weekday Visit:
In this arrangement, the non-custodial parent gets one weekend day every two weeks and one weekday visit each week. The weekend day can be Saturday or Sunday, and the weekday visit can be fixed or rotated. Depending on the child’s age, the visit may be overnight, half-day, or after school.
This schedule is best when the child cannot be away from the custodial parent for too long or when visits must be supervised.
Customizing the Schedule:
The schedule can be customized to meet the child’s specific needs. For example, a weekend-only schedule with a fixed weekday visit.
Adding Time for Third Parties:
This refers to non-parents (such as relatives or nannies) spending time with the child. Including third-party time can help define parenting time better, although it may not be approved by the court.
Weekly Custody Schedules and Their Differences
There are many scheduling options that parents can choose from to suit their child’s needs and their own situations. Here are a few optimal examples.
50/50 Weekly Custody Schedules:
Joint physical custody has two main schedule types where the child spends about a week with each parent.
Alternating Weeks:
The child spends one week with one parent and the next with the other. This schedule works well when both parents live nearby and are committed to maintaining frequent contact with the child.
Two Weeks Each:
The child spends two weeks with one parent and the following two weeks with the other. This schedule is suitable for older children who prefer fewer transitions and when both parents live close.
70/30 Custody Schedules:
In this schedule, the child spends two weeks with the parent who has 70% custody and one week with the parent who has 30%.
Creating a Parenting and Visitation Schedule
There are many considerations parents must take into account when creating a visitation schedule. These include:
- The schedule should be described using legal terminology.
- A visual custody calendar can help mediators, attorneys, and judges quickly understand the schedule.
- The schedule must follow state custody guidelines or the court will not approve it.
- The child’s age matters—some schedules are not suitable for all ages.
- The schedule should meet the child’s physical, emotional, and social needs.
- If there are multiple children, a split custody arrangement may be needed, where each parent has different children at different times.
- If parents live in different states, they must follow the laws of the custodial parent’s state.
- For long-distance parents, fewer exchanges may be necessary.
- If parents recently separated, a temporary schedule can be created until legal custody is established.
- Schedules can be modified if both parents agree; otherwise, court intervention is needed.
Provisions can be added to improve co-parenting success.
Other Guidelines to Consider When Creating a Visitation Schedule
The Child’s Age and Temperament:
Choose a schedule appropriate for the child’s age. Infants and toddlers should see both parents frequently, while teens may need a schedule that fits their social life. The child’s temperament matters; a calm child may adapt easily, while others may need a different approach.
Special Needs:
Schedules must allow proper care for medical, social, developmental, or educational needs.
Ability to Adapt to Change:
Some children struggle with frequent home transitions. To ease this, parents should limit the number of exchanges in the schedule.
The Child’s Daily Routine:
Exchange times should align with the family’s routine. For example, exchanges can happen at school or daycare to avoid disrupting the child.
School and Community Involvement:
Visitation schedules should consider school and extracurricular activities. Both parents must
stay involved in the child’s education and activities.
When There Are Multiple Children:
Generally, parents follow the same parenting schedule for all of their children. This type of schedule allows the child to spend time with siblings or other family members. Parents are committed to ensuring their children maintain strong relationships with the rest of the family.
When there are multiple children, it is important to plan the schedule so that each parent has dedicated parenting time with each child.
Travel Time for Exchanges:
Parents who live close to each other have more scheduling options and can choose the one that works best for them. However, when parents live farther apart, they need to select a visitation schedule that meets the child’s needs while also being convenient for them. The distance between the parents’ homes affects visitation times, including travel to and from school and the timing of exchanges.
Parents' Lifestyles:
Work schedules, travel, and distance between homes should all be considered for flexibility.
Each Parent’s Ability to Meet the Child’s Needs:
One of the factors to consider is the nature of each parent’s relationship with the child. If both parents were actively involved in the child’s life while living together, the visitation schedule should allow for equal shared time. However, if one parent was neglectful or aggressive during the time they lived with the child, their visitation time may be reduced.
Relationship Between the Parents:
When parents get along well and have no significant conflicts, they can manage schedules where communication between them is important for exchanges or sharing necessary information. However, when there is high conflict and little willingness to communicate, schedules should be arranged so that exchanges are less frequent and parents do not need to communicate directly. Parents should avoid exposing the child to conflicts between them.
The Child’s Preference:
Depending on the child’s age and maturity, their preference regarding the parenting schedule can be taken into account. While parents ultimately decide the schedule, older children and teenagers often want more input into the arrangement. These preferences should be discussed directly with the parents.
Any Danger or History of Abuse:
If one parent has been violent or has engaged in physical or sexual abuse toward the child, visitation may be limited and supervised by a social worker or a court-appointed supervisor. Consideration is also given if a parent has substance abuse issues or legal problems.
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