Legal Question in Family Law in California

I'm a father going through a divorce. We separated almost 2 years ago. Since then we verbally agreed that I would get my son (now 5) Thursday-Saturday nights. She would get him Sunday-Wednesday nights. This has worked for us up until now because my wife's days off work are Sunday and Mondays and mine has been Friday-Saturdays. I recently found out that my days off are going to be changing to Sunday & Mondays off same as my wife. My off days will be switching on May 1st. We are now filing for divorce, my wife wants to keep the same visitation schedule. I want a rotating schedule to where I will have my son at least every other weekend. I am wanting 50/50 custody and a 50/50 rotating visitation schedule. I was wanting 1 week on/off and possibly a mid week overnight. BUT she doesn't want to give up any of her days off work that she has with him. If she gets that then I would never get my son on my days off work. She is basically saying too bad too sad I shouldn't have let my company change my days off. My question is what are my chances to a judge in CA awarding us some kind of 50/50 rotating schedule to where I can get my son on half of my days off?


Asked on 2/23/15, 5:19 pm

1 Answer from Attorneys

Your chances are pretty good. It is very common in your kind of situation to have some kind of rotating schedule. With a child that young a very common schedule when both parents can get the child to school is a two-week rotation something like this:

Monday+Tuesday=Mom

Wednesday+Thursday=Dad

Friday+Saturday+Sunday=Mom

Monday+Tuesday=Dad

Wednesday+Thursday=Mom

Friday+Saturday+Sunday=Dad

Read more
Answered on 2/23/15, 6:14 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California