Category: Parenting Plan

Parenting plans are prominent features of custody orders, outlining how parents will be trading off the performance of duties and time with their children in cases of separation or divorce. A quality plan will incorporate physical custody schedules, decision-making, and methods of resolving disagreement should there be future conflict. However, coming to an agreement is not always easy. There may be conflicts on grounds of different parenting styles, utilitarian concerns, or formless emotional conflicts. Where there is a conflict between the parents and a parent plan, legal procedure and other alternatives step in to serve the child’s best interests.

Role of the Court in Custody Disputes

If parents are unable to decide on a parenting plan, then the court will intervene and settle a legally enforceable plan. Family courts that care are worried about the well-being of the child and will consider the age of the child, emotional needs, suitability of the parent, and stability each can provide. Courts will further consider the nature of relationship between the child and each parent and past abuse or neglect.

Where there are disagreements, there may be the making of interim orders of custody by a judge pending the determination of the case. The interim orders ensure the child’s welfare for the period of court. The best for the child’s welfare finally is the final court order regardless of whatever disagreement there is between parents.

Mediation as a Solution

Mediation is typically the default in parenting plan conflicts. Mediation is a process in which a third party helps parents communicate and come to agreement on matters effectively. Mediators do not make binding orders but facilitate negotiations in which parents can come up with a plan that both parents are in agreement with.

Mediation is less adversarial than court proceedings and will have quicker, smoother resolutions. Mediation will allow parents more control over solving it rather than putting everything in a judge’s hands. And solutions won in mediation tend to last longer because both sides have sat down and actually hammered out terms.

Court-Ordered Evaluations and Guardians ad Litem

With the exception of situations when impossible or inappropate, the court can order custody evaluations when no mediation takes place. Such evaluations are done by mental health experts and are directed at an investigation of the functioning of a family, ability of parents, and child needs. The assessment generates observation-driven suggestions to a court and provides a judge’s guidance in producing well-informed determination.

The second avenue which the courts have available to them is to have a guardian ad litem (GAL) appointed. GAL represents the interest of the child’s best interests throughout the case. They look into the case by interviewing the children, the parents, and other people with an interest in the case. A GAL thereafter prepares a report based on his or her finding and recommendations which have in most cases played a pivotal role in the final order of custody.

Consequence of Unresolved Parenting Plan Conflicts

When parenting plan conflicts are not resolved, the impact may extend into the larger community. Enduring conflict can be detrimental to the child’s mental health, interfere with their daily existence, and destroy the co-parental relationship. Extremely conflictive custody battles also may be expensive, with attorneys’ fees increasing with lengthy litigation.

Furthermore, conflict over a parenting plan will result in less desirable court-ordered terms. Judges respond to what is given them, and without parental cooperation, the court will at times place on both parties undesirable terms. Therefore, agreement-however difficult-will always be optimal for all parties.

Legal Representation and Advocacy

Legal counsel is required when parents are unable to agree on a parenting plan. Illinois family law attorneys provide detailed counsel, making parents aware of their rights and obligations. They advocate for the client’s rights while attempting to maintain the best interests of the child.

Experienced lawyers can negotiate for their clients, settling the case and not having to be tried. Lawyers make sure that if litigation is not possible to avoid, their client’s case will be heard in a proper way, with evidence and good arguments. Lawyers’ familiarity with local custody law and court procedure is a big help in handling parenting disputes.

The Court’s Final Determination

After everything else is hunted in an attempt to solve the conflicts, the final court parenting plan is saved. The court’s parental plan is mandatory and puts constraints on custody scheduling, decision-making, and contact regulations. The best interest of the child is the most cared-for matter by the court with stability and support.

Parents have an obligation to comply with the terms of the court-ordered plan. Failure can lead to judicial punishment, such as fines, loss of custody rights, or contempt of court. Parenting plans are not sacrosanct, however. Parents can petition change if circumstances present themselves, such as relocation, job change, or changing child needs.

The Importance of Cooperation and Flexibility

In spite of discord, successful co-parenting needs some cooperation and flexibility. Those parents who will yield to each other sufficiently enough to communicate and compromise on the changing situation are building a safer world for the child. Judges favor those parents who cooperate since it is better for the entire development and welfare of the child.

Parents also need to make arrangements for dispute resolution in their co-parenting plans. Plans for future mediation or arbitration prevent small battles from escalating into future lawsuits. An active measure by this, co-parenting between parents becomes healthier and reduces future wars in court.

Parenting plan conflicts are inevitable but not insurmountable. There are avenues for their resolution through courts, mediators, and lawyers whose ultimate concern is the best interests of the child. In the event of no consensus, the court will impose one by using objective criteria in the best interests of the child first.