How to Calculate Time With Each Parent in Child Custody
Child custody issues present unique challenges during the course of a divorce or paternity case. At the heart of these matters is the calculation of how much time each parent is allocated with a child born of the marriage. Across the country, every state has developed a set of guidelines to assist in setting schedules relating to child custody and parenting time. Although there are some minor differences from state to state in regard to child custody guidelines, the general parameters are virtually the same.
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Instructions
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Negotiate with the other parent the type of custodial arrangement that makes the most sense for your joint circumstances. There are three types of child custody: joint, sole and shared. Through joint custody, both parents have equal custody over a child with one parent providing the primary residence. Sole custody exists when only one parent has custody of a child. Finally, shared custody is the scheme in which both parents have custody and there is no primary residence for the child. The child spends equal time in the residences of both parents. Joint custody is the arrangement preferred by courts.
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Determine the division of time to be spent with the child in a joint custody arrangement. The nonresidential parent is entitled to what is known as reasonable and regular parenting time (parenting time formerly was known as visitation). The base parenting time schedule gives the nonresidential parent weekends plus one overnight visit during the week with the child. Holidays are alternated between the parents. The nonresidential parent enjoys extended parenting time of four to six weeks during the summertime.
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Calculate parenting time in a sole custody situation. Unless there is a compelling reason to limit contact with the noncustodial parent, the base schedule is the same as that available in a joint custody arrangement. In some cases of sole custody there are restrictions on parenting time; for example, supervision may be required during the noncustodial parent's visits.
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Verify the equal split of time between the parents if shared custody is the arrangement agreed to by you and your spouse.
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Draft a custody agreement that sets forth the agreement reached in regard to child custody and associated parenting time.
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File the agreement with the clerk of the court, making it a part of the official record of any pending paternity, divorce or child custody case.
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Tips & Warnings
Child custody and parenting time issues are challenging. Retaining the services of an experienced family law attorney is a wise course to ensure that your rights and interests are fully protected in regard to these issues.
