Custody Schedules by Age

When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the question of child custody is often a complicated matter. Because every individual’s situation is different, there are numerous different custody schedules that may work for you and the other parent.

The following article will explore the process of obtaining custody and different common custody schedules by age.

What Is Custody?

Child custody refers to the set of legal rights that are granted to a biological or adoptive parent during a divorce or legal separation. A parent that has legal custody over their child will have the right to make important legal decisions on behalf of that child.

Examples of important decisions that a parent with legal custody possesses, include:

• The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise the child in, if any
• The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of their child or represent their child in a lawsuit
• The right to make medical decisions for their child, such as whether or not their child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment for their child

What Is a Custody Agreement and Schedule?

It is important to note that the exact laws concerning child custody arrangements will differ by state. Generally speaking, a child custody agreement refers to the legal right of a parent with physical custody to possess and live with their child or children.

With a child custody agreement, each parent will have a court-ordered or approved schedule by which they are entitled to possess their child. However, one parent will typically be granted primary custody of the child for insurance, tax, and educational purposes.

Generally, the parent that has primary physical custody of the child is considered to be the child’s primary residence. However, there are numerous different custody schedules that may be ordered or reached by the child’s parents.

What Are Examples of Common Custody Arrangements?

As mentioned above, each custody case is unique. In other words, each parent and child will have a specific set of circumstances that may lead to a custody arrangement that is different from the standard custody arrangement.

First and foremost, each state does have a standard custody arrangement that is written in the state’s family law statutes that is presumed to be in a child’s best interests. In other words, if the parents are unable to reach an agreement or provide evidence as to why the standard possession order is no in the child’s best interest, the court will typically go with a standard custody arrangement.

The following list summarizes types of child custody arrangements outside a standard custody arrangement that may be available to parents upon divorce or legal separation:

• Sole Custody: In sole custody arrangements, only one parent will have custody of the child for most of the time. The other parent is then only permitted certain child visitation rights, in which they are able to visit with their child for an allotted period of time
  • In general, courts are moving away from sole custody arrangements, as there is a presumption that a child having access to both parents is generally in the child’s best interest
  • Importantly, if there is evidence that the child is in clear danger in one parent’s household, or evidence is shown that permitting one parent custody of the child is not in the child’s best interest, sole custody may be ordered
• Joint Custody: When both parents can agree, or a court orders them to share decision-making and child-raising responsibilities, they will be granted joint custody of their child or children
  • As mentioned above courts prefer joint child custody arrangements, and joint custody is typically considered to be in the child’s best interests
  • Joint child custody arrangements ensure children have continued contact and involvement with both of their parents by allowing both parents to have almost equal possession and access to their child or children
  • Joint child custody arrangements also help to drastically reduce the costs associated with obtaining a custody order
  • Joint custody may include a 60/40 possession schedule, 70/30 possession schedule, or any other joint schedule where one parent is primary and the other parent possesses the child for a lesser period of time
• Bird’s Nest Custody: Bird’s nest child custody refers to a rare form of child custody arrangement where the child or children remain living in the family home and the parents take turns moving in and out of the home to care for the child
  • Bird’s nest custody is typically not granted as it is disruptive for the parents’ schedules, and parents are not typically amenable to the situation long-term
• Split Custody: In a split child custody arrangement, otherwise known as a 50-50 child custody arrangement, both parents will be granted equal rights to possession of their child or children
  • Split custody arrangements are typically more rare than a joint custody arrangement as one parent is generally less available to provide care for their child on a daily basis
  • For instance, one parent may have a career that does not provide them the availability to care for their child fifty percent of the time

What Are Custody Schedules for Infants?

It is important to note that the above custody schedules typically only work for children that are past the age of infancy. In fact, courts will commonly not order the above custody arrangements until a child reaches two to three years or older.

This is because it is common for new babies to live primarily with one parent, and only have daytime visits with the other parent in order to not disrupt their feeding or sleep schedule. This is especially true if the infant is breastfeeding. However, as the infant grows older, typically the custody schedule will shift into allowing the other parent to have an increased amount of possession.

The following is a list of examples of different infant custody schedule arrangements:

• 2-2-3 Schedule: In a 2-2-3 schedule, the child will spend two days with one parent, then switch to two days with the other parent, then go back to three days with the first parent
  • This type of infant custody schedule is typically not feasible for an infant that is breastfeeding
  • Alternating 2 Day Schedule: In an alternating 2 day schedule the infant will alternate every two days with each parent
• 5-2 Schedule: In a 5-2 infant schedule, the infant will spend five days with one parent and then two days with the other
  • Generally in a 5-2 schedule the court will allow the parent that has 2 day possession to have daytime visits with the child that aren’t disruptive to the infant’s schedule

Once again, all of the above schedules are not typically workable for a child that is breastfeeding. In those cases, or in cases where the court finds it disruptive for the infant to leave the home, one parent will typically only have periods of possession during the day. Then, after the child reaches a certain age, generally 2-3 years or older, the possession will shift into a more traditional possession order.

What Are Custody Schedules for Older Children?

When it comes to custody schedules for children that are older than 12 years of age, a court will typically allow the child to have a say in where they wish to live. However, the court will always first consider the child’s best interest standard over what the child’s wishes are.

However, children over the age of 12 are typically allowed to have a preference regarding custody. This is because children over the age of 12 typically have greater independence than children younger than 12 years of age.

Common custody orders involving children 12 years of age or older include the standard possession order, split custody, or even month on month off custody. In an alternating month schedule, the child will spend one month with parent A, then the next month with parent B. The child may also alternate holidays with each parent based on the year.

For example, in even numbered years, the child may spend Thanksgiving and Easter with parent A, and Christmas and New Years with parent B. Then in odd numbered years, the child will spend Thanksgiving and Easter with parent B, and Christmas and New Years with parent A.

When it comes to a child’s birthday, the custody schedule may also alternate based on the year number. However, in the case of a child’s birthday, the court will typically grant the parent that does not possess the child the opportunity to have a 2 hour period of time, such as from 6 p.m. to 8 p.m. to possess the child on their birthday.

Do I Need a Lawyer for Help With Determining a Child Custody Schedule?

As can be seen, there are numerous factors involved with regard to obtaining a workable child custody schedule. As such, if you are going through a divorce with children or if you are going through a separation that involves children, it is recommended to consult with an experienced child custody lawyer.

LegalMatch can assist you with locating and setting up a consultation with an experienced child custody attorney in your area. An attorney can help you understand your state’s specific laws on child custody, including the different types of custody schedules that are commonly ordered in your local court. An attorney will also inform you of your best course of legal action.

Additionally, an experienced attorney will also be able to help negotiate a custody schedule that works for both you and your ex spouse or partner. Reaching an agreement with regard to custody schedules allows both parents to find a schedule that works for their respective schedules.

This is often a better outcome than contesting the issue and having the court order a standard possession order that does not work for either parent. Finally, an attorney can also represent you in court, as needed.