There is no common or more frequent custodial arrangement than any other. By way of example while California has a guideline for setting child support and there’s some software programs that assist in setting that support, and some of those programs default to a visiting parent having 20% parenting time, that’s really a software function. More often than not the parenting time can be defined by either court order or by party’s agreement to be shared, but not necessarily equal time.
I would suggest that in a shared physical custody arrangement, certainly in Nevada, you’d want the low-time parent to have at least 40% of the parenting time. There’s a Nevada Supreme Court decision that came down a number of years ago that defined joint physical custody as an arrangement in which at least 40% of the time was spent in each parent’s home. But I wouldn’t say that there is a more common or more frequent pattern to shared physical custody. It contemplates substantial time of the children in the home of each parent.
Leslie Shaw practices family law in both California and Nevada, and has been involved in close to 1,000 family law matters largely involving litigation throughout his 40-year career. He is also a Certified Family Law Attorney, a status granted by the California Board of Legal Specialization.
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