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When a judge may determine a co-parenting plan

On Behalf of | Jan 7, 2021 | Family Law

It’s safe to say that many soon-to-be-divorced spouses in Illinois don’t have the greatest communication. Although there are certainly some who may be able to work together, even then, the process may still be difficult. The stress and problems all magnify when a child is involved and when a co-parenting plan must be developed. Read on to learn when a judge may have to determine a co-parenting plan for the child.

Temporary parenting plan

One of the most common mistakes that couples make when going through a child custody case is thinking that they are going to quickly agree on a parenting plan. In this scenario, a judge may impose a temporary parenting plan. This plan will be in place until the divorce is finalized and the parents have agreed on their own plan. Although imposed by the judge, the parents do have a say in this temporary plan, offering input such as:

  • Where the child will live
  • Division of expenses
  • Sole or joint custody

The best interest of the child

If the child is deemed mature enough, a judge may hear the opinion of a minor child. This occurs because the courts want a plan that is in the best interest of the child or children involved. However, a judge does have the authority to ignore information and to continue the process as it was.

When both parents can’t agree

Fortunately, many of the cases that courts see will have couples come to some sort of agreement on their parenting plan. However, there are cases in which parents simply cannot come to any type of agreement. Many of those will involve accusations against one another that may be difficult to prove. In this case, a judge may use the evidence on hand to craft and to provide their own co-parenting plan.

As you can see from the information above, there are a number of reasons why a co-parenting plan may not be reached and a judge has to step in. Therefore, it is incredibly important to obtain the services of an attorney who specializes in family law.