What Are Custody Schedules?

The court provides a child custody schedule and the final divorce decree for parents involved in joint or shared child custody arrangements. A custody schedule outlines all guidelines and requirements regarding how and when parents spend with their child, as well as each parent’s rights and responsibilities. These schedules are generally determined by the family law court handling the parents’ divorce and are issued by the judge as an official court order.

However, if the parents can come to a custody agreement on their own if their agreement honors their child’s best interests, the court generally accepts and honors that schedule. Custody schedules may result from legal separation or divorce proceedings or through a separate request.

Custody schedules provide guidelines and clarify questions about child custody arrangements. As such, these schedules generally contain the following provisions:

• Identifying Information: The names and contact information of all parties involved in the custody arrangement, such as the child or children, and both parents or guardians;
• Primary Custody: The parent’s name who has primary custody rights if one parent has primary custody. The visitation schedule of the parent who is entitled to visitation would also be spelled out;
• Shared Custody: If the parents have shared custody, the schedule should provide detailed descriptions of the rights and specific periods each parent is allowed in custody. A common custody schedule is an alternating custody arrangement, as in custody changes every other week or every two weeks; and
• Supervision: In some cases, visits of a parent with their child must be supervised. If supervision is ordered, the schedule provides specific instructions on this necessity. The court may also specify where the supervised visits should take place and who is to provide the supervision;
• Special Times: A good custody schedule should also address what happens in connection to exchange times, who has weekday and weekend visits, where the child spends holidays and the child’s birthday, spring and summer break, and the other important events in the child’s life.

What Are Some Examples of How to Make a Custody Schedule?

Some states offer some standard options to parents who are in the process of working out a custody plan. For example, in the state of Texas, the Attorney General of the state offers some standard possession orders. They are based on the geographical distance between the parents’ residences and are designed to make the custody and visitation schedule practicable for all involved.

In Texas, if a noncustodial parent has an active case in court, they can generate a standard order on the Attorney General’s website that reflects their preferences. They can submit it to the court. A judge can adopt a standard order for parents in their court or create a different one if the parents agree to an order of their own.

In Colorado, the courts no longer use the term “custody.” They prefer the term “parenting plan” for the schedule parents use to allocate their child’s time to them both.

Reportedly, Colorado courts typically formulate most parenting plans based on two weeks. The courts determine a plan that is in the child’s best interests. Parents are encouraged to select a plan most appropriate for the child’s age, school attendance, extracurricular activities, and previous routines.

In Colorado, parents are encouraged to think about their co-parenting relationship and how that may affect the situation. If there is a lot of conflict between the parents, they will strive to limit the number of exchanges. This is undoubtedly sound advice in every state.

A custody schedule can often be considered a calendar to which all parties involved can refer. The purpose of a custody schedule is to help finalize and solidify the custody arrangement that the court decreed. It ensures that things are fair between the parents, everyone follows the rules, and the child’s best interests are always respected. Child custody schedules are crucial for the safety and well-being of the child and to ensure that the parents involved adhere to the law.

Are Custody Schedules Permanent, or Can They Be Changed?

Violating a child custody order or schedule is a serious matter, as a schedule is legally binding. Once an order is in place, the parents must follow the terms or risk consequences such as losing child custody. If a person cannot maintain the current schedule, it can be modified under specific circumstances. A person who would like a change should request a modification and not take matters into their own hands. Disobeying an order risks a person finding that they are in contempt of court.

Any part of the schedule may be modified as long as the changes are made in the child’s best interests. And both parents must consent to the changes. Or, it must be court-ordered. A formal request for modification must be submitted to the court to have the modification adopted.

Some of the common reasons why a modification may be justified include the following:

• Child’s Needs: Changes in the child’s needs;
• Parent Availability: Changes in the availability of either parent;
• Parent LIfestyle: A change in either parent’s lifestyle that may threaten or harm the child;
• Disruption of Child’s Life: A change in circumstances that would significantly change or disrupt the child’s life stability, such as a parent losing their job or being diagnosed with a severe chronic illness that would impact their ability to care for their child as the existing schedule requires properly;
• Relocation: One of the parents is or will be relocating, rendering the current schedule obsolete;
• Financial Changes: Changes in the financial or economic stability of either parent; or
• Change in the Law: Changes in state child custody laws, guidelines, or requirements.

Court-issued child custody schedules can be changed if the change is justified. Although the courts prefer to maintain visitation agreements once the child’s schedule is settled, they will grant one if there is a good enough reason to modify the schedule. Again, all court decisions must be made with the child’s best interests in mind.

What Are the Consequences for Violating a Custody Order?

As previously mentioned, custody schedules are legally binding and must be followed by a child’s parents. Some examples of violations include the following:

• Not Returning on Time: One parent keeps the child with them for longer than is prescribed by the custody schedule;
• Failure to Inform of Location: One parent fails to inform the other parent of the child’s whereabouts;
• Failure to inform of Trip: One parent takes the child on a long trip or out of the state without the other parent’s knowledge or permission;
• Unauthorized Caretaker: One parent allows an unauthorized person to care for the child; or
• Denial of Custody or Visitation: One parent denies the other parent their rightful custody or visitation rights.

Violating a custody order could lead to the following penalties:

• Contempt of Court: A finding that the parent is in contempt of a court order;
• Fines: The person who violates an order may have to pay a monetary fine:
• Loss of Custody or Visitation: The person may lose custody or visitation rights; or
• Criminal Punishment: In some cases, the person may be subject to criminal consequences depending on the circumstances.

If the parent who violates the order is the custodial parent, they may lose their custody rights or have them reduced. If the parent who violates the order is the noncustodial parent, they could lose some or all of their visitation rights or any custody rights they may have. A custody violation may result in criminal prosecution in certain circumstances, such as when a parent has kept the child against their will or has transported the child illegally.

Should I Hire an Attorney for Help with a Custody Schedule?

It is best to consult with a skilled and knowledgeable child custody lawyer if you have issues with your current custody schedule. An experienced child custody attorney will be able to help you seek modification, as well as represent you in court if necessary.