What Are Shared Custody Schedules?

Shared custody is a specific form of child custody arrangement wherein both parents are granted relatively equal rights and responsibilities regarding their child or children. This type of custody arrangement aims to provide the child with equal opportunities to spend time with each parent, ensuring a well-balanced lifestyle.

How Does Shared Custody Differ From Other Arrangements?

Shared custody arrangements differ significantly from other forms of child custody, such as sole or joint custody.

While sole and joint custody arrangements do not typically distribute parental rights and responsibilities evenly, shared custody emphasizes an equitable distribution of time and involvement between both parents.

Week-on, Week-off Schedule

In this arrangement, the child spends one week with one parent and the following week with the other parent. This schedule allows for an equal division of time between the parents while minimizing the number of transitions for the child.

2-2-3 Schedule

In a 2-2-3 schedule, the child spends two days with one parent, the next two days with the other parent, and then three days with the first parent. The schedule then reverses for the following week.

This arrangement ensures that both parents have an equal share of weekdays and weekends with the child while allowing for more frequent transitions between homes.

Alternating Months

Alternating months might be an option for parents who live in close proximity and have flexible work schedules.

In this arrangement, the child spends an entire month with one parent and then the following month with the other parent. This schedule provides an equal time distribution while reducing the frequency of transitions.

Splitting School Breaks and Holidays

In a shared custody arrangement, parents can divide school breaks and holidays evenly between them. For example, one parent might have the child during the first half of summer vacation, while the other parent has the child during the second half.

Similarly, parents can alternate holidays each year, ensuring that both have an opportunity to spend important occasions with the child.

Customized Schedules

Parents can create a customized shared custody schedule catering to their specific needs and circumstances. For example, if one parent works night shifts or has a more flexible work schedule, they might have the child on weekdays, while the other parent has the child on weekends. The key is to ensure that both parents have an equal share of time and involvement with the child while accommodating their individual needs and schedules.

In all these examples, shared custody aims to maintain an equitable distribution of time and involvement between both parents. This balanced approach helps ensure the child benefits from meaningful relationships and quality time with each parent, fostering their overall well-being and development.

When Is Shared Custody Appropriate?

Shared custody is not suitable for every child custody situation.

Instances where shared custody may not be recommended include the following:

1. The parents struggle to cooperate with each other;
2. There is a history of domestic abuse, child abuse, or child neglect;
3. A significant discrepancy exists between the child-rearing capabilities of each parent; or
4. The arrangement does not align with the child’s best interests (e.g. if one parent is frequently absent due to work).

In addition to the previously mentioned factors, other situations that may make shared custody less suitable include:

• Substance Abuse: If one or both parents struggle with drug or alcohol addiction, it could pose a risk to the child’s safety and well-being. In such cases, shared custody may not be advisable until the parent addresses their addiction and demonstrates the ability to provide a stable environment for the child.
• Mental Health Concerns: If a parent suffers from significant mental health issues that impair their ability to care for the child, shared custody may not be in the child’s best interests. In such cases, the court may require the parent to seek treatment and demonstrate improvement in their mental health before considering shared custody.
• Criminal Activity: If one parent has a history of criminal activity, especially if it involves violence or poses a risk to the child, shared custody may not be appropriate. The court will always prioritize the safety and well-being of the child, and a parent with a criminal background may not be deemed suitable for shared custody.
• Parental Alienation: If one parent actively tries to undermine the child’s relationship with the other parent or engages in parental alienation, shared custody may not be a viable option. Courts will consider the child’s best interests, and a parent who engages in this behavior may not be promoting a healthy co-parenting relationship.
• Geographical Distance: If the parents live far apart, maintaining a shared custody arrangement can become logistically challenging and may not be in the child’s best interests. In such cases, an alternative arrangement, such as primary custody with one parent and visitation with the other, may be more suitable.
• The Child’s Preference: Depending on the child’s age and maturity, their preferences may be considered when determining custody arrangements. If the child strongly prefers living primarily with one parent, the court may consider this in its decision-making process.

These factors are not exhaustive, and courts will always consider the unique circumstances of each case when determining whether shared custody is appropriate. The primary focus will always be on the best interests of the child.

Modern Approaches to Child Custody

Shared custody represents a more contemporary approach to child custody, as opposed to traditional arrangements that often favored mothers for physical custody and fathers for financial support.

If both parents can demonstrate their willingness to cooperate and their ability to care for the child, courts are more likely to uphold a shared custody arrangement. However, the ultimate decision will always prioritize the child’s best interests.

How Are Shared Custody Schedules Determined?

Shared custody primarily focuses on the equitable distribution of time the child spends with each parent, typically aiming for a 50/50 split. Both parents must maintain a legal residence for the child.

Shared custody schedules are determined based on various factors, including the following:

1. The child’s school schedule and extracurricular activities;
2. The child’s special needs or recurring appointments;
3. Each parent’s availability to care for the child (e.g., work hours or travel commitments); and
4. Recommendations from professional counselors or family psychologists, if applicable.

Adjustments and Termination of Shared Custody Schedules

Child custody schedules may require adjustments due to changing circumstances, such as a parent relocating or becoming incapacitated. In cases where a parent is no longer able to provide adequate support for the child, the shared custody schedule may be terminated, and full custody may be granted to the other parent.

Is Shared Custody the Same as Joint Custody?

While shared custody and joint custody have similarities, they are not identical. Shared custody generally refers to arrangements that equally distribute custody rights and visitation times between both parents.

Conversely, joint custody may involve one parent holding the majority of custody rights, with the other receiving limited visitation or custody rights.

Should I Hire a Lawyer for Help with Creating a Shared Custody Schedule?

Creating a shared child custody schedule can be challenging, as courts may not always approve of the agreed-upon arrangement.

In these cases, use LegalMatch to find a local child custody lawyer to address your child custody arrangements, develop schedules, and resolve related issues.