Making the 80/20 Custody Schedule Work: Insights from a Family Law Attorney

Over the years, I’ve worked with families from all walks of life – families facing divorce, families working through co-parenting conflict, and families trying to find the right balance for their children in difficult seasons. One of the most common plans I see in cases with high levels of instability, distance, or safety concerns is the 80/20 custody schedule

This plan isn’t about giving up. It’s about creating the best possible structure for a child while also honoring each parent’s unique circumstances. Whether a parent is working long hours, going through treatment, or living farther away, the 80/20 schedule offers both consistency and connection. 

With thoughtful structure and tools like BACtrack View to support safety and accountability, the 80/20 model can be a bridge to something better for your family. Here’s how it works – and why it might be the right fit for your family’s situation.

80/20 Custody Schedule Template

This free, attorney-drafted parenting plan template comes with a weekly parenting time table, sample legal language, and key stipulations (i.e parenting time arrangements during holidays) to inspire your own 80/20 custody setup.
DOWNLOAD NOW

What is the 80/20 parenting plan?

In an 80/20 custody schedule, one parent (commonly referred to as the custodial parent or primary parent) has the child for about 80% of the year. This equates to about 292 overnights. The other parent will have the child for about 20% of the year, or roughly 73 overnights. That’s typically one weekend per month, plus occasional visits, holidays, or summer break time.

A standard version of this schedule might look like this: 

  • Parent A (Primary Parent): All weekdays and weekends, except for one weekend per month and a mid-month evening visit. 
  • Parent B (Non-Primary Parent): One full weekend each month (Friday to Sunday) and one midweek dinner or overnight.  
A snapshot of the Weekly Parenting Timetable in the 80/20 Custody Schedule Template.

No, it’s not an even split, but it can be a meaningful one. And for many families, it offers the stability that children need while still giving the other parent a real opportunity to maintain and strengthen their bond. 

Your current parenting plan is not a final judgment. It’s a reflection of today’s circumstances – and those can (and do) change.”

Why an 80/20 plan makes sense for numerous families 

The 80/20 arrangement often works best when: 

  • One parent has an irregular or demanding work schedule (e.g., law enforcement, healthcare, or out-of-state jobs)
  • The parents live far apart and regular transitions aren’t feasible
  • One parent is rebuilding stability – financially, emotionally, or physically
  • There are ongoing trust or safety concerns that require limited contact 
  • A child benefits from having a single, consistent home base throughout the week (Research from the American Academy of Pediatrics emphasizes that stability and predictable routines can support children’s emotional well-being, especially during transitions like divorce)

In one case, I was working with a mother who had relocated to a neighboring state for work after a divorce. Her co-parent remained in their child’s home school district. The father retained primary custody, and we were able to structure an 80/20 plan that gave the mother one weekend per month, two extended summer weeks, and regular video calls each week.

Despite the distance, their daughter still had strong, loving ties to both parents. The 80/20 custody schedule gave her focused and uninterrupted weekend time with her daughter when she was in town, while also ensuring the daughter wasn’t disrupted (or disappointed) by inconsistent weekday transitions. 

In another case, a father was newly sober and still living in a structured recovery environment. He wanted desperately to see his children, but he also knew he wasn’t ready for overnights. We developed a short-term 80/20 plan, which provided his ex-wife with peace of mind. This allowed him to begin the journey of rebuilding trust with both his children and his ex-spouse.

When substance abuse enters the picture

When substance abuse has played a role in the breakdown of trust – which it very often does in families dealing with substance abuse – parenting schedules can become very tense, very quickly. However, with the help of tools like BACtrack View, the tension can be eased through accountability and practical solutions.

BACtrack View is a remote alcohol monitoring system that allows scheduled, real-time breathalyzer tests from a parent’s phone. The results are shared instantly with the other parent, attorneys, or court personnel. It can track location, time, and compliance.

These types of tools aren’t about punishment. They’re about protection – for children, for the co-parent, and for the recovering parent who is working toward a second chance.

black net
Photo by Andrés Canchón on Unsplash

Encouragement from the frontlines: Progress is possible

If you’re in a season where an 80/20 custody schedule feels like a setback, don’t get discouraged. I’ve worked with so many parents who started with limited parenting time and eventually worked their way to 50/50 or close to it.

Your current parenting plan is not a final judgment. It’s a reflection of today’s circumstances – and those can (and do) change. I’ve watched parents in recovery regain full joint custody. I’ve seen long-distance parents move closer and become primary caregivers. The key is structure, accountability, and a relentless commitment to your child’s well-being.

So, wherever you are, you’re not alone. You can do this.

Final thoughts: Every 80/20 parenting plan should support growth

No two families are the same. But every child deserves safety, routine, and a relationship with both parents if possible. An 80/20 custody schedule offers space for one parent to stabilize while still allowing room for connection, progress, and hope.

With the right support system – including legal guidance, consistent boundaries, and tools like BACtrack View – you can create a plan that works for your family today while building toward a better tomorrow.

Your parenting journey doesn’t have to be perfect. It just has to be faithful. So, go out and do it. Be faithful to your child’s needs and your ongoing growth. You’ve got this. 

80/20 Custody Schedule Template

This free, attorney-drafted parenting plan template comes with a weekly parenting time table, sample legal language, and key stipulations (i.e parenting time arrangements during holidays) to inspire your own 80/20 custody setup.
DOWNLOAD NOW

Frequently Asked Questions

+How does the 80/20 split work?
+What is the most popular custody schedule?
+How many days is an 80/20 split?

About The Author

Derek Oestreicher
Derek Oestreicher
J.D.
Derek is an attorney who currently works as the Chief Legal Counsel and Director of Government Affairs for the Montana F... Read More

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