Understanding Timeshare and Custody in California Family Law

In California family law, parents are often concerned with the amount of time they spend with their children. Two common terms used to describe this arrangement are timeshare and custody labels. While these terms are often used interchangeably, they are distinct legal concepts and have different meanings that parents should be aware of.

Timeshare refers to the amount of time each parent has physical custody of their child, expressed as a percentage of the total time the child spends with both parents. For example, if a child spends 5 days a week with one parent and 2 days a week with the other parent, the first parent would have a timeshare of 71% (5/7 days) and the second parent would have a timeshare of 29% (2/7 days).

Custody labels refer to the legal rights and responsibilities each parent has regarding their child. Custody labels are divided into two categories: legal custody and physical custody. Legal custody is a parent's right to make important decisions about their child's upbringing, while physical custody is the parent with whom the child primarily lives and spends their time.

Custody labels can be further broken down into different types of custody, such as joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Joint legal custody means both parents have equal rights to make important decisions about their child's upbringing, while sole legal custody means one parent has the right to make these decisions. Joint physical custody means the child spends significant time with both parents, while sole physical custody means the child primarily lives with one parent.

It is essential to note that timeshare and custody labels can have a significant impact on child support payments and other legal matters. Understanding these terms is crucial in ensuring that parents and children receive fair and accurate support. If you have questions about your timeshare or custody arrangement, it is recommended to seek legal advice from a family law attorney.

Sources:

California Department of Child Support Services. (2021). How Is Child Support Calculated? Retrieved from https://childsupport.ca.gov/how-child-support-is-calculated/

California Courts. (n.d.). Understanding Child Custody. Retrieved from https://www.courts.ca.gov/selfhelp-custody.htm