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:
- The Child’s Best Interests
This is the most important standard. Judges prioritize the child’s health, safety, and welfare above all else. - Parental Cooperation
Courts favor arrangements where both parents can communicate and cooperate in parenting responsibilities. - Stability and Continuity
The court seeks to maintain consistency in the child’s living and schooling environment. - History of Care
Judges consider who has been the child’s primary caregiver and how parental roles have been divided in the past. - 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. - Distance Between Parents’ Homes
Long travel times can affect the feasibility of frequent exchanges. - 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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At Colliss Law APC in Walnut Creek, California, we understand that divorce proceedings can be especially challenging when domestic violence is involved. Your safety and well-being are our top priorities. This guide aims to inform Walnut Creek residents about the types of protective orders available and how they can impact your divorce process. Understanding the Types of Protective Orders California provides multiple protective orders to safeguard survivors of domestic violence during divorce: Emergency Protective Orders (EPOs): Issued by law enforcement, EPOs offer immediate protection for up to seven days. They are designed to provide quick relief until a more permanent solution can be arranged. Temporary Restraining Orders (TROs): These orders are obtained through the court and typically last 20 to 25 days, until a hearing for a permanent order occurs. TROs prevent the abuser from contacting or approaching you during this period. Permanent Restraining Orders: After a court hearing, a judge may grant a permanent restraining order, which can last up to five years and may be renewed. This offers long-term protection and can set conditions for child custody and support. Criteria for Obtaining a Protective Order To secure a protective order, you must demonstrate a credible threat of violence. California courts consider factors such as: Prior incidents of physical or emotional abuse Threats of harm or harassment Stalking behaviors Potential danger to children or other family members Providing evidence of these factors strengthens your case and helps ensure that the court understands the urgency of your situation. Impact on Divorce Proceedings Protective orders can significantly influence your divorce proceedings by: Establishing Child Custody Arrangements: Courts may restrict the abusive spouse's visitation rights to protect the children. Mandating Communication Protocols: Orders may require all communication to go through attorneys or a third party. Determining Residence Occupancy: You may be granted exclusive rights to remain in the family home. Preventing Direct Contact: This reduces the risk of further abuse and can help heal and move forward. The Importance of Documentation Thorough documentation is crucial when seeking a protective order. This includes: Police Reports: Official records of any incidents reported to law enforcement. Medical Records: Documentation of injuries or medical treatments related to abuse. Witness Statements: Accounts from friends, family, or neighbors who have witnessed abuse. Evidence of Threats: Saved messages, emails, or recordings demonstrating threatening behavior. Proper documentation supports your case for a protective order and plays a vital role in divorce proceedings, affecting decisions on custody, support, and asset division. Contact Us Today If you or someone you know in Walnut Creek is experiencing domestic violence and considering divorce, it's important to act promptly. Contact Colliss Law APC today to schedule a confidential consultation. We're here to provide the support and legal expertise you need to protect your safety and secure a better future.