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11 Common Questions on Joint Custody Schedules in California - Stockton Divorce Lawyer Child Custody

11 Common Questions About Joint Custody Schedules in California

  • April 20, 2020August 10, 2020
  • by Angie

If you’re like many people, you have plenty of questions about developing a joint custody schedule during or after divorce. Check out these joint custody schedule frequently asked questions to see if you can find an answer here – or, if you don’t see your question or need personalized legal advice, call us at 209-395-1605 to schedule a consultation with a Stockton divorce attorney.

11 Common Questions About Joint Custody Schedules in California

Check out these 11 common questions about joint custody schedules in California.

What is a Typical Joint Custody Schedule?

In California, joint custody schedules vary greatly from family to family. The courts recognize that no two families are exactly the same – and kids of various ages have different needs. Some typical joint custody schedules include: the 50-50 custody schedule, the 2-2-3 joint custody schedule, and the week-on, week-off custody schedule. Your attorney can help you understand your options if you’re sharing joint custody with your ex.

Related: What is the best interest of the child in California?

How Do I Get a Joint Custody Schedule?

When you’re going through a divorce or breakup and you’re sharing custody of your children with their other parent, you get a joint custody schedule by making one. Create your schedule with your kids’ best interests in mind; that’s what it’s going to take to get a judge to sign off on your joint custody plan. You might choose a week-on, week-off joint custody schedule if you have older children, or you might prefer the common 2-2-3 parenting schedule. You can customize your schedule to reflect your family’s unique needs, but the key is that you create something that does what’s best for your children. If the custody schedule you submit to the court isn’t something that serves your child’s best interests, the judge in your case is going to tell you to try again.

What is a 50-50 Custody Schedule?

In a 50-50 custody schedule, each parent has the children half the time. That may mean that you alternate days or weeks, or it might mean that one of you picks the kids up from school, drops them off the next morning, and then the other parent picks them up and starts the cycle over again. This way, each parent has equal time with his or her children. You can even work it out in another way – what’s most important is that it works for your family.

The custody schedule you choose should always be in your kids’ best interests, not yours. The judge assigned to your case will look carefully at the joint custody schedule you’re submitting to make sure it’s truly what’s best for your children.

Related: Child custody in California

What is a 2-2-3 Parenting Schedule?

A 2-2-3 parenting schedule is a common way that parents with joint custody of children work out times to be with them. Many parents choose this schedule because it allows ample uninterrupted time with the children, and each parent gets the kids every other weekend. The numbers in a 2-2-3 parenting schedule represent days, so let’s start with Parent A and Parent B.

Parent A has the children for the first two days of the week. Parent B takes over for the next two days, and then Parent A takes the kids for the three days (to include the weekend). Then, it’s Parent B’s turn to get the kids for two days. Parent A gets the kids back on the second two-day group, and then Parent B takes the kids for three-day weekend. The schedule just keeps going back and forth in this way so that both parents enjoy weekend and weekday time with the children. It’s not right for every family, such as those who live far apart or who have very young children who are used to one parent being the primary caregiver, but it can be a great solution for people who live close to each other with older children.

What is the Best Custody Arrangement?

Some parents argue that the best custody arrangement is the 2-2-3 parenting schedule, the 50-50 parenting schedule, or something else entirely – but it doesn’t matter what some parents think. What matters is what’s the best custody arrangement for your children. The state of California recognizes that kids benefit most from frequent and continuing contact with both of their parents, but what that looks like is up to you and your children’s other parent.

If you have young children, the best custody arrangement might be one in which the kids stay in one home throughout the week and visit the other parent’s home on a few evenings or for some time on weekends. Older kids might prefer the 2-2-3 parenting schedule, or even the week-on, week-off joint custody schedule. When you’re putting together your parenting plan, think about what’s going to be easiest on your children. If they’re in sports, for example, it might make sense for them to stay in one home throughout the week and spend weekends with their other parent. The bottom line is that every family is different, so every joint custody schedule should look a little different.

Related: Infant custody laws

What’s the Difference Between Shared and Joint Custody?

In California, shared and joint custody are the same thing. In other states, the terms vary – and there are big differences between shared and joint custody. However, in California, you can say that you have shared custody or joint custody; both still mean that you and your children’s other parent share the rights and responsibilities of making decisions for your kids, or that you share physical time with the children (or both).

There are two types of custody in California: legal and physical. Legal custody refers to your rights and obligations, particularly when it comes to deciding where the kids will live, where they’ll go to school, what types of routine medical treatment they’ll get, and other things that impact their welfare. Physical custody refers to where the children live.

With joint or shared legal custody, both parents share the responsibility for deciding where the kids will live, as well as making decisions about their health, well-being and education. With joint or shared physical custody, the children live with both parents.

How Can I Get Custody Without Going to Court?

You can get custody of your children without going to court – for the most part. You and your children’s other parent can come up with a custody agreement between yourselves. You will have to go to court (unless your attorney can go on your behalf) to get the judge to sign off on it – and when that happens, it becomes a legally binding court order. The only way to really get custody without going to court is by reaching an agreement with your spouse; you must both agree, and the custody plan you come up with must serve your children’s best interests.

What Does a 70/30 Custody Schedule Look Like?

A 70/30 custody schedule looks like this: A child spends 70 percent of his or her time in the care of one parent, and 30 percent of his or her time with the other. Really, it works out to spending two nights out of seven with one parent (and the other five with the other parent).

Here’s what a 70/30 custody schedule looks like on paper:

Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent A Parent A Parent B Parent A Parent A Parent A Parent B
Week 2 Parent A Parent A Parent B Parent A Parent A Parent B Parent A

Naturally, you can modify this schedule so it works out for your family; maybe different days of the week are better.

Why is Shared Custody the Best Arrangement?

Shared custody is the best arrangement – for some families. It’s not best for every family. However, for families who are able to have shared custody, they consider it the best arrangement because it allows children to have frequent and continuing contact with both parents.

Some families aren’t cut out for shared custody, such as those that have had domestic violence issues in the past. When one parent lives too far away, or when the parents aren’t amenable to each other, shared custody can cause more problems than it’s worth.

Related: Parenting time agreements in California

How Many Days is 70/30 Custody?

Usually, 70/30 custody works out to being five days with one parent and two days with the other. The days can vary week by week, based on what’s right for your family.

What is a Reasonable Visitation Schedule?

A reasonable visitation schedule is one that allows the children frequent and continuing contact with both parents. The state of California recognizes that this is essential for kids, so whenever possible, a parenting plan or parenting time agreement should allow for both parents to spend plenty of time with the children.

Every family is different, though, and what your family finds to be a reasonable visitation schedule might not work for another family. The key to settling on something reasonable is working with your children’s other parent to create the best joint custody schedule for your needs. When you both have a hand in creating it, you’re both more likely to feel that it’s reasonable – and you’re more likely to want to stick to it.

How Far Can I Move With Shared Custody in California?

When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children’s other parent. If your kids’ other parent doesn’t agree with you moving, you’ll have to show the court that the move is in your children’s best interest. The court can say no, so be prepared. However, that doesn’t mean you personally can’t move; you may simply have to move without your children.

Related: How to get permission to move out of state with a child

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

If you’re divorcing and need to create a joint custody schedule, or if you’re thinking about moving away because it’s what’s best for your family, we may be able to help you. Call us at 209-395-1605 to schedule a free consultation with a Stockton divorce attorney who understands the complexities of joint custody schedules, legal and physical custody, and other divorce-related matters today.

How to Get Permission to Move Out of State With a Child Child Custody

How to Move Out of State with a Child

  • November 22, 2019April 22, 2021
  • by Angie

Moving to another state is a complicated and stressful endeavor, even in the best of circumstances. For divorced parents, however, this already intense process becomes another beast, altogether.  

While California doesn’t strictly prohibit parents from moving out of state, there are several extra steps you’ll need to take if you want your child to move with you.  

Here’s a closer look at how California courts handle parental relocation requests, and some of the extra boxes you’ll need to check, if you want to move out of state with your child. 

 

Step 1: Determine the Distance

First off, so long as your move is within a certain radius (and, presumably, you’re still in California), you’re probably okay to move around without having to worry about violating a custody order. 

For a lot of parents, this geographic restriction is fifty miles from the child’s home county. The boundaries can differ between cases, though, so it’s best to be certain before testing them out.

If your move is within the range specified in your divorce order, you do not need permission to change the child’s residence. Updating your address with both the court and your ex is essential, though, to make sure you don’t violate your visitation schedule, or miss important notices. 

If your proposed move is outside the radius, then prepare yourself for extra paperwork, and read on to step two…  

 

Step 2: Talk to Your Ex

For moves that break the geographic boundary, the next step to take is to have a chat with your child’s other parent—and yes, we understand that this is sometimes easier said than done. 

Still, parents can save a lot of time and money by working things out between themselves, instead of rushing back to court. You may not be able to solve everything with one phone call, but even a quick game of mediation is better than a full court battle, especially since judges are almost always willing to sign off on an agreement that you reach together.

Keep in mind, that even if you agree, your changes still need judicial authorization, before the new arrangement is enforceable.

 

Step 3: Consider Your Custody Order

Assuming you and your ex can’t agree (and you still want to move), step three is to evaluate your current custody order. 

In California, judges assign custody by giving rights to one parent, alone (sole custody), or as shared power to both (joint custody). While you’re reviewing which type applies to your situation, be sure to double check which parent is the primary custodian (or, in other words: who your child lives with most of the time).

More likely than not you’re already intimately familiar with this information (after all, it’s kind of hard to miss a child jumping up and down on your couch every day). Still, it’s a good idea to review, since custody arrangements directly determine which step you take next.  

 

Step 4: Sole Custodians File Written Notice

A parent with sole custody has what courts call a “presumptive right” to move their child out of state. This is basically just a fancy way of saying “the benefit of the doubt to make all decisions.” 

Despite this generous presumption, parents with sole custody still need to file written notice of their intentions, before they move. This notice must be given at least forty-five days before relocation, to give the child’s other parent a chance to voice objections, and to revise visitation schedules, if necessary. 

 

A Non-Custodial Parent Can Challenge Custody

If you are a non-custodial parent—and are adamantly opposed to the move—you can do more than just object. Instead, you may request the court reevaluate your custody agreement. This is called custody modification.

In a custody modification case, the non-custodial parent challenger carries the burden of proof. This means that it’s your responsibility to show adequate proof that the arrangement isn’t in your child’s best interest, and that the court should reassign custody to you.

However, considering that a prior court already awarded your ex sole custody, this is a difficult standard to meet. Most custody challenges are not granted, and non-custodial parents should discuss legal strategies with an attorney before pursuing this expensive endeavor. 

 

Step 4: Joint Custodians File for a “Move-Away” Order

California courts typically consider co-parenting arrangements to be “joint” whenever the non-custodial parent spends at least 45% of the time or more with their child. Where it’s less than 30%, the primary custodian is presumed to have sole custody. 

If you and your spouse share joint custody, you will need to do more than just submit written notice. Instead, you will need to request a formal “move-away” order with the court—and this is true, even if you are the child’s primary residence.  

But how does a move-away order differ from written notice? We’re glad you asked. 

 

The Custody Reset Button

The best way to think about a “move-away” order, is to view it as a reset button. 

If the court grants your request, this decision ripples down, affecting all aspects of your custody agreement. Hence, in a move-away situation you can’t simply redraw geographic boundaries. You have to reset the terms of your entire custody order. 

This clean slate situation is riskier than you might think, because it essentially starts your custody negotiations over from scratch. It allows a judge to reevaluate your parenting abilities, and redistribute parental powers. 

In other words: it might not go the way you want it to.

After evaluating the facts, a judge can just as easily decide to give the child’s other parent primary custody, as they can grant your move-away request. So it’s important to have strong, compelling arguments before bringing this type of petition to the court.

 

Step 5: Attend Your Hearing

The final step to moving out of state with your child is to attend a hearing, where your judge will evaluate all the evidence.

Unfortunately, there isn’t a formula for how courts deny and grant relocation requests. Instead, your judge will make the decision by weighing factors in your unique situation, which will likely include:  

  • The reason for your move;  
  • How far it is to the new location; 
  • Your child’s relationship with both parents; 
  • The parents’ relationship with each other; 
  • What kind of burden the move would place on visitation rights;  
  • The child’s need for stability; 
  • The child’s emotional, educational, and medical needs; 
  • If there’s a support system in the new location; 
  • Whether there’s extended family in the new location; and, 
  • Any other benefits the child would receive by moving (such as the security of a parent’s increased income). 

This list isn’t exhaustive, and judges are free to include any relevant factors when deciding which course of action is in your child’s best interest. 

At the end of your hearing, your judge will either accept or deny your request. If denied, you can probably still move, however, you’ll likely have to do it without your child (thereby giving up primary custody). If approved, the terms of your new custody agreement will be finalized into order, which you will file with your county clerk.  

 

Parental Relocation Attorneys in California

If you have more questions about how you can move out of state with your child, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let help you move out of state with your child. 

Anna Y. Maples Maples Family Law



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