What is a 70/30 Custody Schedule?
Divorce is hard, but dealing with a divorce and child custody can be overwhelming and emotionally triggering. Let’s face it, this isn’t about splitting your money (though that’s infuriating, too). This is about your children, their future, and your access to them now. Every parent is worried about how to co-parent and make the best decisions about the kids in the future. And when it comes to the children, there is often a struggle to find an equitable path to joint custody or where the children will live. Although a 50/50 custody schedule is the most popular method, and the one most endorsed by the courts, some parents are using the 70/30 custody schedule for reasons we will discuss below.
Since there are several types of custody arrangements and schedules, it is best to understand the divorce laws in your state and the nuances of these schedules when going through a divorce and determining the best interests of your child.
This article will go through the history behind custody arrangements and how parents used to be awarded custody. Then we’ll explore the 70/30 physical custody schedule, the 50/50 joint physical custody schedule, and who the candidates are for which.
The History Behind Custody Arrangements
Historically, once parents were divorced the custody of the children was awarded to only one parent. We all might remember the day when custody was typically awarded to the mother with the father having visits or custody every other weekend. But that now-dated trend was a reaction to an even earlier model. Long ago, children were considered property, and custody was granted to the father after divorce. Yes!
This was before industrialization when the patriarchal model of power and ownership was fully in play. But as industrialization took off and societal norms changed, men would often travel for work outside the home. They’d be gone for days, weeks, and months even, leaving women increasingly in the caregiving and domestic role. Thus, sole maternal custody was the outcome of most divorce cases (– when divorce was even allowed). The idea was that the child should only live in one household and mothers with their more stable routines, were better equipped to provide that. (This is to say nothing about the economic viability of single motherhood.)
Today, a child resides with both parents based on a custody schedule. The trend of joint custody was first documented in Wisconsin. Court data shows that joint custody increased from 2 to 35% from 1980 to 2010. Various metrics contributed to the increase including a shift in legal reforms, social attitudes, and cultural changes.
Several metrics also showed that children in joint custody arrangements were more successful than children in sole custody arrangements, leading to more two-household child situations.
Read “Best Advice on Custody for Divorcing Moms.”
What is 50/50 Joint Physical Custody
50/50 custody means that as a parent you will get half the time to spend with your child and the other parent will get the other half. Both parents are responsible for making decisions in the upbringing of the child.
The 50/50 custody schedule is the standard practice today in the United States. If a couple cannot agree on a balanced situation, courts will use “the best interest of the child” to determine where the child lives, and who has majority physical custody of the child if it is not jointly shared. When making this consideration several factors are used by the courts:
- Is the home environment of the parent safe
- Will the child be able to travel back and forth to both parent’s houses
- Are the parents able to put aside their feelings to care for the child together
- Do the parents live near each other
Be on the alert and read “What is a Custody Battle and How Do You Avoid One?”
What is 70/30 Physical Custody
A 70/30 physical custody is different than a 50/50 custody schedule. In a 70/30 custody schedule, the child spends 30% of the time with one parent and 70% of the time with another parent. The parent with 70% custody is the parent with sole physical custody, which means this parent will be largely responsible for the upbringing of the child. However, the court may interfere and allow both parents the ability to make decisions for the child (this is about “decision-making” not “physical custody”), while at the same time, only one parent will have 30% of physical custody.
Here are various reasons why a court might award a 70/30 custody:
- A parent might have a more rigorous work schedule that restricts their ability to be a caregiver
- There is a history of poor decision-making ability by one parent
- The child is better accustomed to one parent than the other
The 70/30 schedule can be set up in different ways. The common methods are:
- An every-weekend schedule
- A 5-2 alternative weekend schedule
- A third-week schedule
- A schedule for every third day
The most common one is an every-weekend schedule. As discussed, in the recent past, the mother was awarded sole custody, and the father was given custody every other weekend. This schedule allowed one parent to care for the child on the weekdays and one parent to care for the child on the weekends. This type of schedule provides the child with more consistency and less overwhelming movement than the other schedules.
Consider reading “How Can a Court Custody Order be Changed?”
Conclusion
Joint physical custody, where a child resides with both parents either equally or for a divided amount of equal time is now the norm in the United States. Although there are several types of custody schedules, and methods to set up those schedules, a child’s age can play a factor in deciding which schedule is best.
To understand what the divorce laws are in your state and what is possible regarding child custody arrangements, we urge women to put aside their emotions and consult an attorney as a starting point. Read “Questions to Ask a Divorce Attorney at a Consultation”.
For example, if the child is a newborn, it can be best for the child to stay the majority of the time with the mother. In this case, a 70/30 schedule where the father has every third day with the baby may be “best”. For older children in school, an every-weekend schedule or a 5-2 alternative weekend schedule may be preferable.
As a child’s needs change, a custody schedule could be flexible, allowing for change and different milestones attained. To ensure the healthiest development for your child, it is best to put aside disagreements and do everything to ensure open communication with their father so together (yes, together) you can ensure that your child has stability and consistency.
NOTES
Natasha just graduated from law school and has completed her Bar exam. With a longstanding interest in health law, she aspires to work for hospitals and nonprofits in continuing to advocate for women’s rights. Her goal is to address the historical issues that continue to prevail in our society by addressing the social determinants of health.
Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward.
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*SAS continues to support same-sex and nonbinary marriage. In this article, however, we refer to your spouse as husband/he/him.
