Parenting Time when Daycare is involved

[vespinoza]

What is the name of your state (only U.S. law)? California.

Hi there,

I am wondering, if I go into a custody dispute, how will they determine parenting time if the child is in daycare from 7AM-5 PM? Who gets those hours? Does California do a third party type situation when determining? If the child isn't with either parent, I don't think either should be able to "claim" this time with the child.

Any thoughts and comments are appreciated!

 

[Zigner]

What is the name of your state (only U.S. law)? California.

Hi there,

I am wondering, if I go into a custody dispute, how will they determine parenting time if the child is in daycare from 7AM-5 PM? Who gets those hours? Does California do a third party type situation when determining? If the child isn't with either parent, I don't think either should be able to "claim" this time with the child.

Any thoughts and comments are appreciated!

Figuring parenting time is usually based on overnights, not on an hour-by-hour basis.

 

[vespinoza]

Figuring parenting time is usually based on overnights, not on an hour-by-hour basis.

Yes, I can understand that. But it could play a big factor in the case as the 11 hours a day that the child is not in either parents care could cause an inaccurate parenting time computation. 11 hours a day, 5 days a week results in a 32% time computation. So 32% of the time, the child isn't with either parent. If they awarded that 32% to one parent, that could have very negative impact when computing child support for instance, who uses parenting time percentages to heavily influence support guideline amounts.

Could it be possible that the parents each have the child 50% of the time apart from childcare (which would be 34% [each] of the time that the child is NOT in daycare), but they award the full 32% of daycare time to one parent, resulting in a 66%/32% split when in actuality, both parents have the child in equal amounts of time that the child isn't in daycare?

Does this make sense? Is this a valid concern to bring to the table?

 

[Zigner]

Yes, I can understand that. But it could play a big factor in the case as the 11 hours a day that the child is not in either parents care could cause an inaccurate parenting time computation. 11 hours a day, 5 days a week results in a 32% time computation. So 32% of the time, the child isn't with either parent. If they awarded that 32% to one parent, that could have very negative impact when computing child support for instance, who uses parenting time percentages to heavily influence support guideline amounts.

Could it be possible that the parents each have the child 50% of the time apart from childcare (which would be 34% [each] of the time that the child is NOT in daycare), but they award the full 32% of daycare time to one parent, resulting in a 66%/32% split when in actuality, both parents have the child in equal amounts of time that the child isn't in daycare?

Does this make sense? Is this a valid concern to bring to the table?

The court is NOT going to count out a minute-by-minute schedule for the child.

 

[CTU]

What is the name of your state (only U.S. law)? California.

Hi there,

I am wondering, if I go into a custody dispute, how will they determine parenting time if the child is in daycare from 7AM-5 PM? Who gets those hours? Does California do a third party type situation when determining? If the child isn't with either parent, I don't think either should be able to "claim" this time with the child.

Any thoughts and comments are appreciated!

Different child? https://forum.freeadvice.com/child-custody-visitation-37/weighing-scenarios-630602-post3450338.html#post3450338

 

[vespinoza]

The court is NOT going to count out a minute-by-minute schedule for the child.

The California court does ask for specific parenting time with percentages which is why I'm bringing this all up. They have every scenario possible including choosing for example, 3 evening visits is a box you can check and you can also check a box that will let you put in additional time by hours per day, week, month, year to make it very specific.
So even if they didn't check it minute by minute, who would assume that parenting time? Because 50/50 besides daycare and 34/66 are two big differences.

 

[Zigner]

I would suggest that you speak with a local family law attorney. Best of luck to you.

 

[vespinoza]

I would suggest that you speak with a local family law attorney. Best of luck to you.

Thank you, I will do so. They have workshops a few times a week--didn't know that!