Custodial Timeshares: Creating Schedules That Work

In California, there are two types of child custody orders: legal and physical. The latter calls for the establishment of custodial timeshare agreements, which indicate how much time each parent spends with their children and, consequently, how much child support the parent with primary custody is entitled to receive.

If a parent has sole physical custody, then the child lives with them and unless circumstances recommend otherwise, the other parent is granted visitation. With joint physical custody, the child lives with both parents according to a timeshare division that is approximately equal.

California has no mandated rules regarding timeshare, so couples have the freedom to decide how much time the children spend with each parent. If they cannot reach a consensus, the court has to step in and define a timeshare arrangement that is in the best interests of the child. Commonly used schedules include:

  • Alternating weekends and for one evening visit during the week. Percentage-wise, this means that the custodial parent has the child for 84% of the time while the other parent has 16%. This is one of the more routine schedules when one parent has sole physical custody and the other has visitation.
  • Alternating weekends and one overnight a week. This one is similar to the above schedule, but the non-custodial parent has more time with the child. The percentages shift to 71%/29%.
  • Alternating long weekends. The child stays with the non-custodial parent every other weekend, with the ‘weekend’ extending until Monday evening. The timeshare for this arrangement is 79%/21%, holidays and special days not included.

 

 

These are basic templates, but parents are not obligated to use any of them. Timeshare schedules can be customized according to what percentage of time each parent spends with the children. The percentage taken by the non-custodial parent is commonly referred to as the ‘J’ factor, after a mathematical formula in which ‘J’ represents this parent’s timeshare.

For example:

  • One overnight per week: 14.2%
  • One weekend every month: 6.58%
  • Two weekends per month: 13.15%
  • Alternate weekends:14.25%
  • Three days per week: 42.85%

To calculate a parent’s custodial timeshare, add up the number of visitation hours per year and divide the result by 8760, which are the total number of hours in every year. This will give the yearly percentage based that parent’s visitation schedule.

Calculating custodial timeshares is a complicated but essential process, as it maximizes your time with your children while ensuring they get the financial support they need.

For assistance in creating an arrangement that serves your child’s best interests, contact Ahluwalia Law P.C. today. We will help you achieve a fair and equitable custody arrangement that meets the needs of everyone involved. Call today.

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Written by Ahluwalia Law Professional Corporation

Ahluwalia Law Professional Corporation

Welcome to Ahluwalia Law, P.C., the home of Attorney Madan Ahluwalia. Madan has been practicing law since 1994, and has been managing his own firm serving the San Francisco Bay Area since 1995. He is passionate about building long-lasting relationships with each client, which begins by offering affordable, efficient, and personalized services.