Your custody schedule should give your baby frequent contact with both parents, and your baby should not be away from either parent for more than a few days. Usually an infant lives with one parent and has visits with the other parent.
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
Alternating weekends: A common 80/20 arrangement, the alternating-weekends schedule has the child live primarily with one parent and stay with the other parent every other weekend.
Joint Legal Custody
This is the type of custody the courts prefer to rule on, as long as it's in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.
Split Custody
Each parent has sole custody of one or more children, and the other parent has it for the remaining children. Split custody is the least common type of arrangement.
The 4-3 schedule is a 60/40 weekly schedule where one parent cares for the kids for four days and another for three days. The 4-3 schedule works best for parents who live near one another and have a healthy co-parenting relationship.
There is no rule that children must spend equal or "50:50" time with each parent. In most cases, it's best that both parents discuss their child's individual needs, and come to their own agreement about where a child will live, and how they will spend time with their parents.
The court assesses the child's best interest by giving weight to the following: the benefit of the child having a meaningful relationship with both of the child's parents; and. the need to protect the child from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence.
The most common arrangement is that the mother takes 66-84% custody of the child or children, while the father takes 14-34%.
How often do fathers get 50 50 custody? According to the Australian Institute of Family Studies Fathers get 50 50 custody around 21% of the time. Only 3% of court-ordered parenting agreements involve no contact between children and their father, compared with 9% of the general separated population.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
While joint custody and shared custody tend to be used when two separated or divorced parents share the care of their children, and sole custody is when one parent alone cares for the children – there's actually no single way that custody arrangements are set out.
There are no set rules about how long to wait before taking a newborn out into the world or when to let people near the baby. Some doctors recommend that parents wait until their baby is a few months old before going to crowded public places (like malls, movie theaters, and airplanes).
Routine separation of healthy mothers and newborns is harmful and negatively effects short- and long-term health outcomes and breastfeeding success.
Ideally, between 4 and 9 months is the best time to leave your baby overnight for the first time. This is because before 4 months your baby will still be establishing breastfeeding and building a connection between both parents, so they're a little too young to be away from you.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
A custody lawyer in Australia generally will charge between $350 – $650 per hour. A custody matter could cost between $5,000 – $10,000 if the matter is kept out of court. If the matter ends up in court, it could cost $20,000 – $80,000 on the very high end of things. Most matters do not end up costing that much.
If a father is seeking to take a child away from the mother, he may need to initiate legal proceedings in the family court. A father may initiate proceedings by filing an application for time with the children.
The father's rights after separation are equal in Australia, meaning, a father could have at least 50% time with their child. Both the mother and the father can make a parenting agreement or obtain a consent order regarding parental responsibility.
A 70/30 child custody schedule has your child live with one parent for 70 percent of the time and the other parent for 30 percent of the time. Many parents choose this type of schedule, and it might work well for you, depending on your situation.
60/40 Parenting Schedule
Typically, the child spends the first 4 days of the week with parent A, and the last 3 days of the week with parent B. This is an easy schedule to remember as each parent knows the days of the week they will have the child far in advance.
This type or schedule is a 60/40 split of time, where one parent has the child from Monday after school to Friday morning and the other parents has the child Friday after school until Monday morning. This approach can be polarising for co-parents as it can result in one parent being the 'fun parent'.