In California, either parent may have joint custody of their children. A parent can also be awarded sole custody if the other parent presents a serious threat to the safety and welfare of his/her child. In every divided family going through divorce or legal separation or in matters of paternity, custody and timeshare is foundational in establishing child support and visitation orders.
If you file for divorce and have children, a major hurdle you may face is deciding how to divide child custody and visitation. Custody and timeshare with each parent go hand-in-hand. In California, the amount of time a parent spends with his/her children is known as custodial timeshare. The amount of time spent with each child has a direct impact on how much child support each parent pays. Child support can be calculated once parents set up a custody and timeshare agreement. Read on to learn more about custody and timeshare in California.]
Visitation and Custody in California
There are two types of custody orders in California: legal and physical custody. Establishing timeshare agreements falls under a physical custody order. Physical custody can be joint or sole. Sole physical custody means that the children live with one parent most of the time and visit the other parent on a limited basis. Joint custody means the children live with both parents. Joint physical custody does not mean children split their time between parents 50/50. One parent will typically have the children more than half of the time.
Common Visitation, Custody and Timeshare Arrangements
There are four different types of visitation orders: visitation according to a schedule, reasonable visitation, supervised visitation, and no visitation. Visitation according to a schedule is ideal for most families. A court may order supervised visitation for a specified period. Custody orders are not permanent and may be modified under a significant change of circumstances.
Holiday & Special Event Timeshare Schedule
In addition to planning a weekly custody and timeshare share schedule, parents must create a holiday and special event timeshare arrangement. Most parents usually agree to alternate visitation time with their children every other holiday or school break. Birthdays and three-day weekends may also be alternated. Create a timeshare schedule that is in your child’s best interest. Divorcing spouses can mutually benefit if they reach a timeshare and custody arrangement outside of court.
Estimating Custody and Timeshare Between Parents
There are no mandated rules in California for figuring timeshare. Couples that agree between themselves can calculate the amount of time each parent has with the children any way the parents can agree on. Here is a guide that describes various timeshare arrangements.
|Weekend||6 pm Friday to 6 pm Sunday|
|Extended weekend||Close of school Friday to opening of school Monday|
|Evening||After school to after dinner|
|Overnight||Close of school midweek to opening of school next day|
|Alternate holidays||New Year’s, President’s Day, Easter, Memorial Day, Mother’s Day or Father’s Day, July 4, Thanksgiving (2 days), Christmas, child’s birthday.|
|Summer vacation||12 weeks (84 days) mid-June to September 1|
|School vacation||Summer, 2 weeks at Christmas, 1 week Spring, 2 days Thanksgiving, plus seven other days. (school holidays vary from one district to another).|
Common Parenting arrangement:
Child support is typically based on a calculation of how much time (percentage) each parent has with the children. Below is a chart that will identify how these percentages are calculated based on common parenting arrangement and visitation options.
|Description of Parenting arrangement||Days||%|
|1 weekend per month||24||7|
|1 extended weekend per month||36||10|
|1 weekend per month plus one evening per week||50||14|
|Alternate weekends plus 2 weeks in summer||67||18|
|Alternate weekends and holidays plus 2 weeks of summer||73||20|
|Alternate weekends plus 1 evening per week||78||21|
|Alternate extended weekends||78||21|
|Alternate weekends plus 1 overnight per week||78||21|
|Alternate weekends and holidays plus 4 weeks of summer||86||24|
|Alternate weekends and holidays plus half of summer||100||27|
|Alternate extended weekends plus 1 evening per week||104||29|
|Alternate weekends and holidays plus 1 evening per week plus 4 weeks of summer||112||31|
|Alternate weekends and one evening per week plus half of school vacations||135||37|
|Three days per week||135||37|
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Parents should remain flexible when determining a timeshare arrangement. Contact A People’s Choice for more information on timeshare and custody in California. We can help couples create a mutually agreeable custody and timeshare agreement or file a motion so the court can establish a custody and timeshare order. Call 800-747-2780 today.
If I said joint custody on thanksgiving but didn’t say half a day or anything in the matter and it’s my day and kids go to their dads the next day. Am I in contempt if I say he can do thanksgiving the day after when he picks the kids up?
You would have to look at what your order says. Sharing Thanksgiving day usually means splitting the day. If your order is not clear, you may want to seek a modification for specific clarification of these types of omitted details.
Thank you for your article. I’m looking at the “Description of Parenting arrangement”. What if it is a 50/50 arrangement that the other parent wants? Does he or she keep them for a whole school week and the weekend ? This then just alternates throughout the year with specific holidays set aside?
There our many different variations that can be incorporated in a 50/50 custodial arrangement. The keep component is making sure the arrangement is clearly defined.