California Child Custody Law and Procedure - Attorney Warren R. Shiell

Los Angeles Divorce Attorney
Child Custody and Divorce Lawyer in Los Angeles

Pre-schooler 3 – 5 years

The parties alternate weekends and the non-custodial parent has one or more overnights during the
week.

Sample Language:

A.         Commencing on ___________, Parent A shall have physical custody of the minor child(ren)
alternate weekends from Friday, after the end of school/child care/camp (or at 5:30 p.m. if the child(ren)
are not in school/child care/camp), when Parent A shall pick up the child(ren) from school/child
care/camps, or at Parent B’s residence if the child(ren) are not in school/child care, until Monday, at the
start of school/child care (or at 8:00 a.m. if the child(ren) are not in school/child care/camp), when
Parent A shall drop the minor child(ren) off at school/child care/camp or at Parent B’s residence if the
child(ren) are not in school/child care/camp.
B.        Commencing on ____________, Parent A shall have physical custody of the minor child(ren)
each week from Wednesday, after the end of school/child care camp (or at 5:30 p.m. if the child(ren)
are not in school/child care/camp), when Parent A shall pick up the child(ren) from school/child
care/camp, or at Parent B’s residence if the child(ren) are not in school/child care/camp, until Thursday,
at the start of school/child care/camp(or at 8:00 a.m. if the child(ren) are not in school/child care/camp),
when Parent A shall drop the minor child(ren) off at school/child care/camp or at Parent B’s residence if
the child(ren) are not in school/child care/camp.
C.        Parent B shall have physical custody of the minor child(ren) at all other times not designated as
Parent A’s time.

*          Instead of referring to alternate weekends, a plan can refer to 1st, 3rd and 5th weekends of the
month. This generally avoids any confusion about which parents has custody on any given weekend.

Comments:

This plan is sometimes referred to a “Freeman” order. It may be suitable where Parent B has not been
very involved in the day to day care of the child and has a busy work schedule. Three to five year olds
may show increased anxiety moving between parent’s homes. This does not necessarily reflect on
whether the other parent is not a good parent or does not want to be with the other parent. Depending
on the maturity of the child and the practicality of the exchanges these times can be negotiated so that
Parent A only has the child one or two evenings in the week and has shorter or longer weekends.

Contact a Los Angeles Divorce Attorney at Law Offices of Warren R. Shiell to discuss your
custody issues.
Please call to make an appointment now 310.247.9913.

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