Legal Question in Family Law in California
In San Diego County, how many (hours) is actually considered a full day of custody? Also, an example, If I have my child (one week a month) friday 4pm after school until the next friday dropping off at school 7am and (one weekend a month) friday 4pm after school until monday before school 7am, What is the actually total custody days & percentage for the month? Your response is greatly appreciated.
2 Answers from Attorneys
Most courts will consider the custodial day on a school day to begin and end either at the beginning or end of the school day, so as to eliminate calculation of fractional days, particularly since the time spent splitting hairs on that issue will usually cost far more than the difference it makes in a child support calculation and there really is no way to conclusively establish who has "custody" of a child who is in school. I do not practice Family Law in San Diego County, however, so I can not be sure that the local practice is the same as I have described. If they do follow that practice, you would be considered to have custody ten days a month in your example.
In San Diego County the courts calculate the actual hour spent with the child. For example a visit from 8 am to 8 pm is 12 hours. Overnight sleeping hours and school hours are the same as all other hours. Good Luck, Pat McCrary