If you and your spouse are undergoing a divorce with children, there’s a good chance you are thinking about what kind of custody arrangement you will end up with. In Washington, we refer to these as “Residential Provisions” or more colloquially a “residential schedule.”  They are a mandatory part of every parenting plan. Certainly, this can be a major source of stress, particularly when the divorce is contentious or one parent is concerned about the other parent’s ability to care for the children during their residential time.

A court is required to consider a number of factors when determining a residential schedule for the children, such as the child’s age and emotional/physical development. However, one thing to keep in mind is that some judges may favor close to an equal or “50-50” residential schedule, if possible, which is typically defined as the number of overnights a parent will have with the children. Obviously not every parent will get a 50-50 schedule, and there are some self-evident reasons why some parents will not receive close to 50-50, either because they were an absentee parent, there is a history of domestic violence, one parent may have problems with substance abuse, and so on.  Even so, modern social science generally supports the idea that kids do better when they have relatively equal time with both parents. This is relevant because courts are tasked with crafting a parenting plan that is in the child’s “best interests.”

Where a 50-50 residential schedule is desired and appropriate, here are a few examples of what a schedule might look like based on your family’s circumstances:

The Week-on, Week-off Schedule:

 The 2+2+5+5 Schedule:

The 2+2+3 Schedule: 

Assuming you are shooting for a 50-50 plan, which of these three schedules is best for your child? Let’s walk through an analysis where the chief consideration is the child’s age. School-age children are ordinarily more independent. They tend to be more comfortable with separations from one parent as a result of going to school, spending more time with friends, and partaking in other social or extracurricular activities. In that sense, the week-on, week-off schedule or the 2+2+5+5 schedule makes sense. High school students in particular are usually equipped to handle a week-on, week-off schedule. But, at the same time, it may be that a school-age child needs more frequent exchanges because going five days without seeing one parent is particularly challenging. (Think about a child who does not have a great relationship with one of their parents, and the idea of spending five challenging days with this parent would only worsen their relationship.)  In that sense, the 2+2+3 schedule might be more appropriate. Likewise, younger children might benefit more from seeing each parent more often; so, again, the 2+2+3 schedule might be best.

To be clear, the child’s age is only one factor that could play into this determination, and every case is completely different—you could have a young child that thrives in a week-on, week-off schedule, and you could have a teenager that struggles going more than a few days without seeing the other parent.  Or a child may have special needs which would require a schedule that is tailored to those needs. Every case is different, so a lot of consideration should be given to these schedules, with the overriding goal of ensuring that it is in the children’s best interests. If you have questions about what the best residential schedule is for your children, contact a family law attorney at Lasher Holzapfel Sperry & Ebberson, PLLC.