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How Can Parents Resolve Child Custody Disagreements in a Divorce?

Posted on in Divorce

DuPage County divorce attorney parenting plan

Divorce involving children brings about additional concerns. Parents will need to decide how they will make major decisions about the child, including where he or she will attend school, what types of extracurricular activities he or she will participate in, how the child’s medical care will be managed, and much more. Parents must also decide how they will divide “parenting time” or the time that a parent is directly caring for a child. Disagreements about parental responsibilities and parenting time can be difficult to overcome. Understandably, most parents have strong opinions about what they think is best for their child. Read on to learn about some of the most common child custody dispute resolution methods in Illinois divorce cases.

Negotiating an Agreement Through Your Lawyers

Divorcing parents in Illinois must make specific plans about how parenting duties will be handled after the divorce. In their “parenting plan,” the parents will describe which parent will make decisions about the child’s healthcare, education, religious upbringing, and other major concerns. They must also describe a method or schedule for dividing parenting time. The parenting plan also describes the child-related rights that parents have, including the right to know about child-related emergencies, access to the child’s school reports and medical records, and more.

There are over a dozen specific elements that parents must address in their parenting plan. If you and your child’s other parent disagree about the elements of the parenting plan, you may be able to negotiate an agreement with help from your respective lawyers.

Mediation and Collaborative Law

If you and your spouse are still able to communicate cooperatively, family law mediation may help you reach a resolution. During mediation, spouses work with a trained mediator who facilitates productive conversations about the unresolved issues. Collaborative law is similar to mediation in that it is intended to be a cooperative process. However, in collaborative law, spouses gain the benefit of working with divorce lawyers and other experts such as social workers or child psychologists. Participants in the collaborative law process agree to the free exchange of information, good-faith negotiation, and to keep the case out of court.

Child Custody Litigation Through the Court System

Sometimes, child custody issues cannot be resolved outside of court. If you and your child’s other parent cannot reach a decision, the court will hear arguments and evidence from both sides and then issue a decision about the unresolved child custody concerns. Your lawyer’s job is to advocate on your behalf and protect your rights during the proceedings. Your case may settle before it goes to trial. If not, the court will make a child custody determination that the court believes is in the child’s best interests.  

Contact a Hinsdale Child Custody Lawyer

If you are a parent who is getting divorced, you and your child’s other parent will need to determine how you plan to divide parental responsibilities and parenting time, child support, and several other important issues. A knowledgeable, dedicated DuPage County divorce attorney from Botti Marinaccio, LTD can help you reach these crucial decisions. Call our office today at 630-575-8585 to schedule a confidential consultation today.




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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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