As a family law attorney in Alabama, I regularly help parents navigate the complex world of child custody arrangements. While every family’s situation is unique, there are several common custody schedules that families typically consider. In this guide, I’ll explore different custody arrangements, their impact on child support, and what you need to know about modifying these schedules.
Common Custody Schedules
Week-On, Week-Off
This schedule involves children spending alternating weeks with each parent. It’s often favored by courts for older children and when both parents live relatively close to each other. Benefits include minimal transitions and extended time with each parent. However, going a full week without seeing the other parent can be challenging for younger children.
2-2-3 Schedule
In this arrangement, children spend two days with one parent, two days with the other parent, and then three days with the first parent. The following week, the schedule flips. This schedule works well for young children who benefit from frequent contact with both parents, though it requires significant coordination and proximity between households.
Every Other Weekend
Traditionally common, this schedule has children residing primarily with one parent while spending alternate weekends with the other parent. Generally, these schedules also include one weeknight every week to maintain good contact with the parent who has visitation. While this arrangement provides stability, it may not provide sufficient parenting time for the non-custodial parent. This is often referred to as “standard visitation” and most counties have their own specific twist on this process.
3-4-4-3 Schedule
Similar to the 2-2-3 schedule but with longer blocks, this arrangement has children spending three days with one parent, four with the other, then four with the first parent, and three with the second. It provides more consistency than the 2-2-3 schedule while maintaining regular contact with both parents.
Holidays/Special Occasions
Regardless of which schedule you choose for regular custody rotations, any good parenting plan must include a holiday or special occasion schedule. This will determine how to divide up school breaks, holidays, and even birthdays and significant family events such as weddings or reunions. Most counties or jurisdictions have a preferred or standard schedule that they will use, unless the parties agree to a specific plan or changes to the standard plan.
Impact on Child Support in Alabama
Alabama uses the “Income Share Model” for calculating child support, which considers both parents’ incomes and the expenses for health insurance and childcare born by each parent. Here’s how different schedules typically affect support calculations:
Traditional Arrangements (Less than 50% time)
When one parent has the children less than 50% of the time, standard Rule 32 child support guidelines apply without adjustment for parenting time.
Joint Physical Custody (50% time)
When parenting time is split equally between parents (approximately 182 overnights per year, though courts have not yet determined how many nights is the threshold for being considered less than 50%), Alabama courts use a different calculation for determining child support. The adjustment attempts to reflect the increase in overall expenses for maintaining two complete suitable residences for the minor child as well as the travel and time involved in true-joint custody arrangements.
Courts may deviate from standard calculations by agreement of the part or in specific justifiable circumstances, to be determined on a case-by-case basis.
Modifying Custody Schedules in Alabama
Life changes may necessitate custody schedule modifications. In Alabama, you must demonstrate a “material change in circumstances” to modify an existing custody order. This might include:
- Significant changes in work schedules
- Relocation of either parent
- Changes in the child’s needs or schedule
- Health or safety issues affecting parenting ability
Legal Requirements for Modification
To successfully modify a custody schedule, you must:
- File a petition for modification in the court that issued the original order
- Prove a material change in circumstances has occurred since the last order
- Demonstrate that the proposed change serves the child’s best interests
- Show that the benefits of the change outweigh any disruptive effects
Practical Considerations
Before seeking modification, consider:
- The child’s current age and developmental needs
- School and extracurricular schedules
- Distance between parents’ homes
- Each parent’s work schedule
- The child’s relationship with both parents
- The level of cooperation between parents
Making Your Schedule Work
Regardless of which schedule you choose or are awarded, success depends on:
- Clear communication between parents
- Flexibility when unexpected situations arise
- Consistent documentation of any agreed-upon changes
- Focus on the child’s best interests
- Willingness to adjust as children’s needs change
Seek Professional Guidance
Every family’s situation is unique, and what works for one may not work for another. At Cove Family Law, I help parents understand their options and advocate for arrangements that serve their children’s best interests while protecting their parental rights.
Contact me to discuss your specific situation and how I can help you establish or modify a custody schedule that works for your family.
