Primary Physical Custody

Sample schedules for primary physical custody with visitation and joint physical custody

Physical Custody, Joint Custody, and Visitation Schedules

“Child custody” refers to the rights and responsibilities between parents for taking care of their children. In your case, you will need to decide on custody. You also need to decide on “visitation,” which means how each parent will spend time with the children.

Upon finalization of your legal divorce or separation, custody of your child or children will be determined in your agreement. In California, either parent can have custody of the children, or the parents can share custody.

 

Types of Custody Orders

There are two kinds of child custody:

  • Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and
  • Physical custody, which means who your children live with.

Legal custody can be:

  • Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.

                         -OR-

  • Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.

[Above information © 2021 Judicial Council of California]

 

Visitation Schedules

To provide for the continued well-being of your child or children, it’s best to come to a mutual agreement on a parenting schedule, which can vary depending on the type of custody arrangements you have made or that a judge has ordered. 

In order to facilitate your development of an effective and fair schedule, Peace Talks is happy to provide the following sample schedules. Our mediators will work with you to develop a mutual solution that respects the needs of all parties.

 

PRIMARY PHYSICAL CUSTODY 

“Standard” Visitation – Examples 

Week # Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Mom Mom Dad Mom Dad Dad Dad
2 Mom Mom Dad Mom Mom Mom Mom
3 Mom Mom Dad Mom Dad Dad Dad
4 Mom Mom Dad Mom Mom Mom Mom

 

Pros

  • For children over age 7 who understand the concept of a week, this is a predictable schedule.
  • Allows for flexibility, with either Sunday evening return or Monday morning return to school; and mid-week time to the other parent for either overnights or evenings only.

Cons

  • The non-custodial parent goes 6 days every other week without seeing the children.
  • For children under 7, who don’t yet understand the concept of a week, this may be too much time away from the non-custodial parent, unless other means are used to stay in contact or times are made available either during the school day, during daycare hours, or by way of involvement in extracurricular activities.

Standard Visitation with additional weekday time to the other parent after the custodial parent’s weekend

Week # Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Dad Dad Mom Mom Dad Dad Dad
2 Mom Dad Mom Mom Mom Mom Mom
3 Dad Dad Mom Mom Dad Dad Dad
4 Mom Dad Mom Mom Mom Mom Mom

 

Pros

  • The non-custodial parent has continuous weekday time to be involved in the children’s homework routines without substantially increasing the number of transitions between the parents’ households.
  • For children between ages 5 and 7, who understand the concept of ‘the day after tomorrow,’ they are not separated from the custodial parent for more time than they can conceptualize.

Cons

  • Twice a month a child aged 5-7 is separated from the non-custodial parent one or two days more than they can conceptualize. In such cases, you may want to consider adding dinner on Thursday prior to mother’s weekend as well as other times suggested above.

JOINT PHYSICAL CUSTODY

Split Week Plan for parents sharing children on weekdays and weekends

Week # Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Dad Dad Mom Mom Dad Dad Dad
2 Dad Dad Mom Mom Mom Mom Mom
3 Dad Dad Mom Mom Dad Dad Dad
4 Dad Dad Mom Mom Mom Mom Mom

 

Pros

  • Works for children under age 5 who have an equally good attachment to both parents.
  • Works for temperamentally even-keeled children between ages of 5 to 12.
  • This is a regularly recurring and consistent plan.

Cons

  • Particularly for children under age 5, this plan may require the child to be away from the more involved parent for excessive periods of time.
  • Conflict-saturated transitions between parents’ households are stressful particularly for immature and learning and/or emotionally disabled children.

Alternating Week Plan for parents who want uninterrupted time with their children

Week # Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Mom Mom Mom Mom Mom Mom Mom
2 Dad Dad Dad Dad Dad Dad Dad
3 Mom Mom Mom Mom Mom Mom Mom
4 Dad Dad Dad Dad Dad Dad Dad

 

Pros

  • Works for children over age 7, who understand the concepts of a “week” and “month”.
  • This plan may be preferred by teens and pre-teens who require fewer transitions.

Cons

  • The child may express or experience the need to have mid-week contact with the other parent.
  • Though this may be viewed as an interruption, it is highly recommended particularly for children under age 7, to have at least one face-to-face contact with the non-custodial parent, preferably at school if possible.

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