By H. William Edgar | Edgar & Dow
I ask parents to show me two calendars: the one in the court order and the one the child actually follows. If they differ, I want to know how long the arrangement has lasted and why it changed. Burchard v. Garay (1986) 42 Cal.3d 531 explains why continuity of care can matter even before a final custody order exists.
Use two calendars covering the same period. On one, mark the ordered overnights and exchanges. On the other, record what actually happened and why. Include school closures, agreed adjustments, missed visits, and how long any informal arrangement lasted. A pattern established over a semester can tell the court something different from a temporary change during a parent’s surgery or work assignment.
Show who handles school mornings, medical appointments, homework, and activities. Then explain how the routine is working. Stability can support keeping an arrangement that is serving the child. Evidence of chronic tardiness, excessive transportation, or missed services may support a change. Where a parent wants a larger change, describe how the child would transition and which routines would be preserved.
An informal arrangement can provide evidence about feasibility or the child’s adjustment. A signed and entered order remains important to enforcement. If both parents want the new arrangement to continue, consider putting the exact terms into a stipulation for court approval. If one parent seeks to change a final custody order, counsel should analyze the applicable standard and the significance of the actual schedule. Do not treat a few accommodations as proof that everyone intended a permanent change.
Burchard v. Garay (1986) 42 Cal.3d 531 explains why continuity matters to a child. If a court has already made a final custody determination, Montenegro v. Diaz (2001) 26 Cal.4th 249 supplies a separate changed-circumstances inquiry for a request that would change custody. Give counsel both the filed order and the calendar the child has actually followed.
During a parent’s six-week recovery from surgery, a child stays mostly with the other parent. The same calendar might look different if the schedule has continued for three semesters without an end date. Include messages showing why the change began, how the child adjusted, and whether the parents discussed returning to the original plan. That context helps explain whether the pattern is temporary or established.
The child stayed an extra overnight each week during a parent’s temporary shift change. The arrangement continued after the original reason ended, and the parents disagree about whether it should become permanent.
Record the first date, the original reason, when the shift changed again, and what the child has actually done since then. Show school attendance and the travel each parent handled. Include messages stating that the arrangement was temporary or discussing continuation.
If both parents agree on the facts but disagree about future custody, propose clear dates and terms. If the child has adjusted well, explain which parts of the routine can stay. If you seek to change final custody, identify the changed circumstances and show why the requested change serves the child.
Select a period that shows normal school weeks and any seasonal differences relevant to your request. Include holidays if they affect the proposal and label periods when illness, travel, or an agreed exception changed the routine. A narrow sample may miss how a rotation works over a month.
If you seek a different schedule, give the court a start date, an initial exchange, and a way to address activities already scheduled. Explain what can remain familiar during the transition. If the parents agree the child should keep a service or activity, state who will handle it on each affected day.
Read how California courts determine parenting schedules
Explore the California Child Custody and Visitation Library for more guides on parenting schedules.
Joint vs. Sole Physical Custody in California: Where Does the Child Live?
What Does “Primary Physical Custody” Mean in California?
Can Parents Share Physical Custody if They Live Far Apart?
How Do I Change a Child Custody or Visitation Order in California?
Can Text Messages and Social Media Posts Be Used in a California Custody Case?
If you need help applying these rules to your custody or visitation case, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
© Copyrights 2026 Edgar & Dow. All Rights Reserved. Disclaimer | Privacy Policy
*Images are obtained under license from Canva and other third-party stock image providers, with attribution included where required.
Digital Marketing by
