Ensuring Stability: Why Children’s Sleep Locations Matter
Why do the courts care where children sleep on school nights?
Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with the Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for eight years, and I want to help make the law easy by talking a little about the importance of having a workable visitation schedule.
This question actually came from a client—and it comes up often in family law: what type of visitation schedule is truly in the best interest of the children?
Consistency is Key for Children’s Development
Courts focus heavily on consistency. Judges want to make sure children have a stable routine because studies show consistency benefits their development, sleep, school performance, and social life. Stability is key.
Most often, I see schedules where one parent has primary custody and the other has weekend visitation—usually every other weekend. In joint custody cases, there may be a true 50/50 arrangement with week-on, week-off schedules, which are also common.
The Challenges of Alternative Schedules
What I don’t see courts favor as much is the “2-2-3 schedule,” where the children spend two nights with one parent, two nights with the other, and then alternate weekends. While some parents agree to this arrangement, judges are hesitant to impose it because it disrupts the school week. It can interfere with children’s routines, homework, and consistency going to and from school.
The exception is when parents live very close to one another and can both reliably get the children to the same school without disruption. In those cases, courts may be more open to it. Still, judges will always prioritize the schedule that provides the most stability for the children and minimizes unnecessary back-and-forth.
Prioritizing Stability for Your Children
So, if you’re in the middle of a custody case and trying to figure out the best schedule for your children, keep this in mind.
My name is Carl Birkhead. I’m a Tulsa child custody attorney with the Wirth Law Office, and I want to help you make law easy. Thank you.
Book a Low-Cost Initial Strategy Session
If you’re navigating a custody case and need personalized assistance, consider booking a low-cost initial strategy session. Call me at 918-879-1681 to discuss how I can help create a stable and effective visitation schedule for your children.
