Orange County Child Custody and Visitation Laws

Labels of Custody

Understanding labels of custody of children and child visitation

What does legal custody mean?

Legal custody means the right and responsibility to make decisions relating to the health, education, and welfare of a child. Joint legal custody means that both parents share the right and responsibility to make the decisions related to the child or children's health, education and welfare. The Court can grant joint legal custody without granting joint physical custody.  

 


What does sole legal custody mean?

Sole legal custody means that one parent has the right and responsibility to make decisions related to health, education and welfare of the child. 

What does physical custody mean?

Physical custody means where the children reside, under the supervision of their parents. Joint physical custody means that each of the parents have significant periods of physical custody. It also means that the child or children have frequent and continuing contact with both parents. A court could order one parent as the primary caretaker of the child and one home as the primary home of the child.  

What does sole physical custody mean?

Sole physical custody means a child resides with and is under the supervision of one parent, subject to the court's  power to order visitation. 

Visitation and Parenting Schedules

Visitation/Parenting time/Custodia time is a simple concept often misunderstood. It is simply the time children are under the care of their parents. It is referred to as custodial time, parenting time, parenting schedule, etc. The following provides the general percentages of custodial time often ordered in an Orange County custody or visitation case. 


 

One weekend Per Month 6.58%
One extended weekend per month 9.86%
Two weekends per month 13.15%
One weekend per month and one evening per week 13.70%
One extended weekend plus one overnight per week 19%
Alternate weekends 14.25%
Alternate weekends plus two weeks during summer 18.36%
Alternate weekends, 1/2 holidays plus two weeks during summer 18.90%
Alternate weekends, 1/2 holidays plus two weeks during summer (Other parent also gets two weeks) 18.36%
Alternate weekends, 1/2 holidays plus one month during summer 23%
Two extended weekends per month 19.73%
Alternate weekends and one evening per week 21.37%
Alternate weekends and one overnight per week 28.49%
Alternate extended weekends 21.40%
Alternate weekends, 1/2 holidays plus four summer weeks (alternate summer weekends, with makeups) 21.10%
Alternate weekends, 1/2 holidays plus four summer weeks (no alternate weekends) 20.55%
Alternate weekends, 1/2 holidays plus 1/2 summer 22.47%
Alternate extended weekends plus one evening per week 28.49%
Alternate extended weekends plus one overnight per week 35.62%
Alternate weekends, 1/2 holidays, 1 evening/week, four summer weeks (alternating weekends continued during summer, makeup weekends for the 4 weeks) 28.23%
Alternate weekends, 1 evening/week when school in session and 1/2 school vacation  28.49%
One day per week 14.29%
Two days per week 28.57%
Three days per week 42.85%
Four days per week 57.14%
Five days per week 71.43%
Six days per week 85.71%
First, third, and fifth weekends 15.34%
First, third and fifth extended weekends 23.01%
First, third and alternate extended weekends 21.37%
One evening per week 7%
One overnight per week 14.2%
Two weeks during the summer 3.85%
All time not in school 31%
Alternate weekend, one overnight per week plus 1/2 of all time not in school 30%
Alternate weekends, one overnight per week, 1/2 holidays plus one month during summer 29%
Alternate weekends, one overnight per week plus 1/2 of all time not in school 30%
Alternate weekends, one evening per week plus entire summer 30%
Alternate weekends, one overnight per week plus, entire summer 39%
Three days one week/four days the next week and continuing  49.99%

Typical weekend starts Friday after school to Sunday evening

Extended weekends starts Friday after school until Monday morning

 

This chart is for quick and general reference but to accurately calculate your percentage add the number of hours of visitation per year and divide by the total number of hours in a year. 

 

 

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Song Family Law - Mission Viejo

27201 Puerta Real, Suite 300

Mission Viejo, CA 92691

 

Song Family Law - Orange

500 N. State College, Suite 1100

Orange, CA 92868

  

(888) 999-0259