How California Courts Decide Time Sharing Schedules in Custody Cases

September 12, 2025

How California Courts Decide Time Sharing Schedules in Custody Cases

When parents separate or divorce, one of the most emotionally charged issues is determining how time will be shared with the children. California law emphasizes the best interests of the child when establishing custody and time sharing schedules. At Collis Law APC, we assist California parents in understanding how courts approach these important decisions and help them work toward practical, fair solutions.


Legal Framework for Custody Decisions


In California, custody is divided into two types:


  • Legal Custody – The right to make decisions about the child’s health, education, and welfare.
  • Physical Custody – The right to have the child live with you.


Time sharing schedules fall under physical custody. Courts can award joint physical custody (where both parents share substantial time) or sole physical custody (where one parent has most of the time and the other has visitation rights).


Key Factors Courts Consider


When creating a time sharing schedule, California judges look at several factors under Family Code Section 3011, including:


  1. The Child’s Best Interests
    This is the most important standard. Judges prioritize the child’s health, safety, and welfare above all else.
  2. Parental Cooperation
    Courts favor arrangements where both parents can communicate and cooperate in parenting responsibilities.
  3. Stability and Continuity
    The court seeks to maintain consistency in the child’s living and schooling environment.
  4. History of Care
    Judges consider who has been the child’s primary caregiver and how parental roles have been divided in the past.
  5. Age and Needs of the Child
    Younger children may need more frequent contact with both parents, while older children may have school or extracurricular schedules that influence the plan.
  6. Distance Between Parents’ Homes
    Long travel times can affect the feasibility of frequent exchanges.
  7. Domestic Violence or Substance Abuse
    If there is evidence of abuse or substance issues, the court may limit or supervise visitation.


Common Time Sharing Arrangements


While each case is unique, some common time sharing plans include:


  • Week-on/week-off for older children
  • 2-2-3 or 3-4-4-3 arrangements to ensure frequent contact
  • Alternating weekends with midweek visits for one parent


The court may also create holiday and vacation schedules and may modify orders as the child’s needs change.


How Collis Law APC Can Help


At Collis Law APC, we provide legal assistance to California residents working through custody disputes. Whether you're seeking an initial time sharing schedule or need to modify an existing one, we help ensure your child’s best interests are protected while safeguarding your parental rights.

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