If parents can’t agree on a parenting plan, the court will decide based on the child’s best interests, considering factors like their well-being and relationships.
Understanding Court-Decided Parenting Plans
When parents cannot reach an agreement on a parenting plan, the responsibility falls to the court to create a plan that prioritizes the child’s needs. This process often involves mediation, evaluations, and court hearings to gather sufficient information for the judge to make an informed decision.
Legal Context for Court-Decided Parenting Plans in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), the court’s primary focus is the best interests of the child.
Factors the Court Considers:
- The child’s relationship with each parent.
- Each parent’s ability to provide for the child’s physical and emotional needs.
- The child’s adjustment to home, school, and community.
- The willingness of each parent to encourage a relationship with the other parent.
- Any history of abuse, neglect, or domestic violence.
Steps the Court Takes When Parents Can’t Agree
- Order Mediation:
The court may require the parents to attempt mediation before proceeding with litigation. - Request a Custody Evaluation:
A professional evaluator may be appointed to assess each parent’s relationship with the child and make recommendations. - Hold Hearings:
Both parents present their arguments, evidence, and witnesses in court. - Issue a Final Parenting Plan:
Based on the evidence, the court creates a parenting plan that includes parenting time, decision-making responsibilities, and any necessary dispute resolution processes.
Example Scenario:
If one parent wants sole custody and the other seeks joint custody, the court may decide to award joint custody if it believes the arrangement better supports the child’s stability and emotional health.
How Attorneys Can Help
An experienced family law attorney can:
- Represent your interests during mediation or court hearings.
- Prepare and present evidence that supports your position.
- Advocate for a parenting plan that aligns with your child’s best interests.
- Assist in understanding and complying with court orders.
Need Help With a Court-Ordered Parenting Plan?
Call (630) 366-1760 to consult with a family law attorney. We’ll advocate for a parenting plan that serves your child’s best interests and protects your rights.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
