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Is my current schedule for custody considered 50/50?

Sacramento, CA |

Currently our schedule is as follows, I have her from Saturday mornings when I pick her up til Tuesday morning when I drop her off to school. The father has her from Tuesday after school around 5pm till Saturday morning when I pick her up. My daughter's dad filed paperwork for 50/50 custody and in mediation I was told this is 50/50 so I agreed and we did not go to court. I want to know if this is in fact 50/50 because after doing some reading I think I came out with the short end of the stick. I only agreed because I was told it was 50/50 and I do not want to spend long periods of time away from our daughter. That is why we do not have a 2-2-5 schedule or any other. We wanted the week split in half.

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Attorney answers 3

Best Answer

Your schedule is close to 50/50 but your agreement should also specify who has the child on Tuesday between school drop off and school pick up. The reason for that is in case the child is sick or there is no school on that day, it is clear whose time it is with the child. If you have your daughter until Tuesday at the end of school, I would consider you having an equal timeshare because then each of you have 3 and 1/2 days. I think that would be an appropriate change to make to your written agreement to make it equal between both of you.


What makes you think you are not getting 50/50 custody? regardless, if you want to seek a change in the custody order you will need to file a motion with the court. It would be best if you at least consulted with an attorney before proceeding. Many attorneys, including my office, offer free consultations. Good luck.

Jason A. Ewing is a family law, criminal defense, personal injury and civil litigation attorney in Sacramento, CA. Mr. Ewing can be reached at 916-759-7645 or Please be advised that although Mr. Ewing is an attorney, the comments posted do not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.



I started to question it because he technically has her overnight one night more than me.


It appears from what you describe you are receiving 50-50. However, to be certain you should meet with a lawyer in their office in the county where your case is pending. Too much is at stake to "gamble" and go into court without all the legal knowledge you might need. You can always go to a family law website for a law firm in your county to find one that is well qualified. You can then check their AVVO rating before you meet with them. Good luck

Raymond L. Flume

Raymond L. Flume


I agree.

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