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Child Custody/Parenting time

At Posey & Franzi, we understand the complexities and emotions involved in child custody and parenting plan cases. Our attorneys have extensive experience in presenting these cases to Orange County judicial officers and understand what factors the courts consider when making their decisions.

We understand that parents may be able to agree on a parenting plan that works best for their family, but if they are unable to come to an agreement, we are ready to present what is in the best interest of the minor children to the courts. California Family Code section 3040 states that the court must consider which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent, among other factors.

The court will also examine a multitude of factors, including but not limited to: the current custody arrangement, the parents’ availability and work schedules, the age of the children, the proximity of the parents’ homes, the living situation of a parent, any history of domestic violence, parental alienation, neglect, or abuse.

At Posey & Franzi, we are dedicated to fighting for the best possible outcome for our clients and their children. We understand the importance of protecting the health, safety, welfare, and education of the children and will work tirelessly to ensure that their best interests are represented in court.

Common Custody Schedules:

When both parents are deemed fit by the court, the courts tend to favor a shared custody arrangement that divides custodial time equally between the mother and father. One common schedule seen in Orange County is the 2-2-5 or 2-2-3 schedule.

The 2-2-5 schedule involves the parents alternating weekends, usually from Friday after school to Monday return to school, and one parent having every Monday and Tuesday while the other parent has every Wednesday and Thursday. The five-day block occurs when the weekend schedule coincides with the regular midweek custodial periods.

The 2-2-3 schedule is typically implemented for younger children, who may struggle with being away from a parent for more than three days. This schedule involves alternating weekends, from Friday after school to Monday return to school, and one parent having Monday and Tuesday one week, and the other parent having Wednesday and Thursday the next week, and vice versa. This schedule ensures that weekends do not overlap with midweek custodial days, resulting in a 2-2-3 day schedule.

At Posey & Franzi, we understand the complexities of child custody cases and are dedicated to helping our clients achieve a schedule that is in the best interest of the child. We work closely with our clients to understand their unique circumstances and advocate for a schedule that meets the needs of the child while also considering the parents’ availability and abilities to provide a stable and safe home environment.