Parenting Time Schedules: What They Are and How They Work
When parties share physical custody of their minor children, the creation and implementation of a parenting time (sometimes referred to as “visitation”) schedule can help navigate some of the uncertainties of co-parenting from separate households. In family law, a parenting time schedule is a court-ordered plan that describes the amount of time a child will spend with their parent(s) to maintain the best interests of the child(ren) .
Do I Need a Parenting Schedule?
Generally, yes. Parenting schedules are legally required in most states for child custody or divorce cases. These schedules are meant to promote stability
and consistency in the child’s life and prevent conflict between parents. Parenting schedules can be effective for all families, whether or not the parents were married.
Maintaining a sense of stability allows a child to find comfort and prevents tensions from forming within the relationship between the parent and child. Developing a consistent parenting schedule is imperative to ensuring parents can maintain a strong bond with their children. Not only is it beneficial to the child, it is helpful for parents to have a concrete schedule that can ease co-parenting and promote family cohesion. The implementation of a parenting schedule grants parents the ability to predict when they will be with their child and plan accordingly to make the most of that time.
While creating a parenting schedule can be beneficial, challenges can occur when important factors may have been ignored during the construction phase of the parenting schedule. Having a schedule that does not account for all school breaks, holidays, or vacations can cause tension between the parents. To avoid confusion and conflict, it is imperative to create a detailed and comprehensive parenting schedule.
Parenting schedules can be made by discussing important factors with your attorney. When creating your schedule, both parents should consider factors such as the age of the child, travel time to pick up and drop off locations, work obligations, school schedules, and more. It is important to be realistic when creating a parenting schedule so that it can be exercised with as few conflicts as possible. Parents that continuously deviate or refuse to adhere to agreed-upon and/or court-ordered parenting schedules risk continued litigation with their co-parent.
COMMON TYPES OF ARRANGEMENTS
Common variations of equal parenting schedules (meaning the child will spend the same amount of time each month or week with both parents) are described below, including the pros and cons for each. In the examples provided below, each parenting week begins on Monday. Please understand that you may agree to begin your parenting week on any day you prefer.
To best utilize these schedules, it is recommended that each parent receive an equal amount of parenting time with the children outside of school to do fun activities, visit extended family, go out to eat, etc. If one parent is assigned a disproportionate amount of school days, they will miss out on crucial quality time with the child(ren) because the child(ren) will be unavailable for the majority of their parenting time.
Brown Carrington’s attorneys are well qualified to help determine which parenting schedule is best for you and advocate on your behalf!
Week On – Week Off
A week on, week off parenting arrangement allows each parent to have the child for seven consecutive days. The week on week off schedule provides an easy structure for both parents to remember and work with. The terms “on” and “off” refer to the time a parent has the children (“on”), or when they do not have the children (“off”). Exchanges most often occur on the same day each week to ease the burden on each parent and provide predictability for the child(ren). These longer parenting schedules enable children to experience less interruptions in their daily lives. However, this arrangement can be more difficult for younger children due to the longer amount of time they spend without seeing each parent, as compared to other schedule options.
2-2-3 Schedule
In a 2-2-3 schedule, Parent 1 has possession of the child for two days, then the Parent 2 has the next two days, followed by three days with Parent 1. After that cycle, the schedule reverses, allowing Parent 2 to have two days on, two days off, and then three days on (with the children). The schedule continues this way by alternating on a weekly basis.
4-4-3-3 Schedule
Under the 4-4-3-3 schedule, Parent 1 will have possession of the children for four days. For example, if this began on a Sunday Parent 1 would have the children from Monday through Thursday and Parent 2 would have the children for the following four days. Continuing with our example, this allows Parent 2 to be with the children from Friday through Monday. Following that sequence, Parent 1 will have the children for
three days. Then, Parent 2 will have three days with the children.
3-4-4-3 Schedule
The 3-4-4-3 schedule is a parenting arrangement where the child is with Parent 1 for three days, then with Parent 2 for four days. The following week the schedule will flip, allowing Parent 1 to have the child for four days and Parent 2 to have the child for three days.
2-2-5-5 Schedule
The 2-2-5-5 schedule grants the child two days with Parent 1 and two days with Parent 2. Then the child will spend five days Parent 1 and then five days with Parent 2. For example Parent 1 will be with the children from Monday through Tuesday, then Parent 2 will be with the children from Wednesday through Thursday. That sequence is then followed by five days with the Parent 1, then five days with Parent 2.
Alternating Weekends
One of the most common parenting time schedules is the alternating weekends plan. Like it sounds, the alternating weekend plan allots each parent to have the child every other weekend. Parent 1 will have one weekend, Parent 2 will have the following weekend, and the weekdays are divided evenly between the parents. Most often, the weekdays are divided in a way that accommodates both parents’ work schedules.
Holidays, Special Days, and School Breaks
Creating a successful parenting schedule requires careful consideration of holidays, special days, and school breaks throughout the year.
School breaks occur throughout the year and can vary per school district. Be sure to have a conversation with your attorney to craft a parenting plan suitable to your child’s school needs. It is common to see parents assign one break to a parent during even years and to the other parent during odd years. Using even and odd years to alternate significant time off for your child can promote consistency for your family. Remember, it will save time and effort for all parties involved if the holidays, special days, and school breaks are thought out in their entirety ahead of time. Establishing clear expectations and communication windows between parents over these periods can aid in reducing conflict.
Some states, including Indiana, have prepared guidelines to assist parents in planning parenting time during these periods, including birthdays, spring and fall
breaks, Thanksgiving, Christmas, and federal holidays. It is important to note that these are merely guidelines and not mandatory.
If the co-parenting relationship is amicable and both parents communicate effectively, then it may be beneficial to consider a plan in which the specific parenting days for holidays and breaks are flexible and determined by written agreement.
Religious holidays should be considered in addition to other breaks when creating your parenting schedule plan. As mentioned previously, courts make decisions to support the best interests of the child. No matter what denomination a family may practice, courts can and will recognize religious holidays when reviewing and considering parenting schedules. If religious upbringing is an important factor of your child’s development, be sure to plan ahead to factor in religious holidays into your schedule to avoid conflict and confusion. This is especially important if the holidays important to you aren’t typically considered in your child’s school calendar, such as Rosh Hashanah, Ramadan, etc.
Brown Carrington attorneys can assist with navigating any challenges you may face when factoring holidays, special days, and school breaks into your parenting plan!
Modification
Changes in circumstances may arise that lead to a need to reconstruct the parenting schedule. Factors discussed earlier such as work location, travel time, or evolved needs of the child can make it necessary to modify your current parenting schedule.
Parenting schedules can be modified by agreement between the parties. When parties cannot come to an agreement on modifications to the parenting schedule, either party may file a motion with the court to modify the current arrangement. In states such as Indiana, Florida, Kentucky, and Colorado, the court makes determinations on modifications based on the best interests of the child. Requirements vary by state, but typically require a parent to show a significant change in circumstance since the prior parenting schedule was implemented, like increased distance due to relocation, anticipated changes in a parent’s work schedule, or changes in needs of the child. Courts may require evidence or exhibits to be filed with the motion for modification which explain those circumstances, and will likely require an evidentiary hearing before issuing a ruling.
Changes in a parenting schedule can be hard to anticipate and costly to litigate, it is much simpler when both parents can agree to the modification, which is one of many reasons why it is beneficial to have an amicable and cooperative co-parenting relationship with the other parent. When coming to an agreement with the other parent on any modification to the established parenting schedule, it is important to get the agreement in writing in case any conflicts arise in the future. If proof of an agreement is necessary, evidence of this agreement can be in the form of text messages, emails, or court-approved parenting communication platforms. Although, a court order is always best. Parties can memorialize the agreement in the form of an “agreed order,” which both parties and/or their counsel may sign and file with the court to be entered as an enforceable court order.
Brown Carrington attorneys can advise you on whether agreed modifications of your parenting schedule are appropriate. Parents may need to appear in court, attend mediation, or consult with a parenting coordinator if there continues to be difficulty in establishing or modifying a parenting time schedule.
Conclusion
The process of creating a parenting schedule can be arduous, but it does not have to be. Through thoughtful planning with your attorney and/or the other parent, a parenting schedule promoting the best interest of the child and suitable to your availability is within reach. Do not let precious time with your children slip away, reach out to Brown Carrington, PLLC and see how we can assist you today!
Written by: Avery East
Originally from Charlotte, North Carolina, Avery East is a litigation paralegal at Brown Carrington with a passion for the legal field. As a paralegal, Avery has firsthand knowledge of the difficulties our clients face and regularly assists in making the process clearer. With a background in telecommunications and political science, Avery knows how to simplify the family law process into using terms and logic that help the law feel familiar and not foreign.
Edited by: Catherine Pierce
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