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What Happens if Divorcing Parents Cannot Agree on Child Custody? 

Posted on in Child Custody

joliet custody lawyerIf you and your divorcing spouse have children together, you are required to create a parenting plan that details how the two of you will continue to care for them after you are separated. Some of the information needed in this plan includes transportation arrangements, a parenting time schedule, and an allocation of parental responsibilites. However, matters can get complicated if you and the other parent cannot agree on a plan.

What Will Occur If and Your Spouse Cannot Come to an Agreement

Sometimes parents cannot seem to agree on a child custody arrangement. In this situation, a judge may order parents to go to mediation. During a mediation session, a court-appointed mediator will sit down with both parents and facilitate a discussion about the issues they disagree on. A mediator will not make decisions for either parent. Instead, he or she will attempt to help them come to a compromise they can both live with.

It is important to come to mediation with an open mind. If you are willing to hear the other parent and mediator’s viewpoints, you may be more likely to reach an agreement quicker. Before your mediation session, write down your proposals in a notebook so that you do not forget to bring them up. When coming up with your proposals, be sure that they reflect your child’s needs rather than your own.

Additionally, try not to let your emotions get the best of you. If your ex says something to upset  you, resist the urge to fight back, as that may undo the progress you have made.

Having a Judge Make the Child Custody Arrangement

In the event that you and the other parent cannot come to a child custody arrangement through mediation or negotiations through your attorneys, the judge will be left to make the decision. A judge will make the decision based on what he or she thinks is in your child’s best interests. Common factors used to determine a child’s best interests include the child’s relationship with each parent, the mental health of each parent, the finances of each parent, whether either parent had a drug or alcohol addiction, and the child’s wishes.

Contact a Will County Child Custody Lawyer

If you need assistance with your child custody arrangement, a Joliet, IL child custody attorney can help. At the Law Office of Ronald L. Hendrix, P.C., we sympathize with how stressful the entire child custody process can be and want to assist you every step of the way. Call us at 630-355-7776 to set up a free consultation.


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