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Using Collaborative Law for Illinois Child Custody Disputes

 Posted on November 19, 2020 in Child Custody

Naperville divorce lawyerDivorcing parents are expected to create a “parenting plan” that addresses how they plan to allocate child-related responsibilities within 120 days of filing for divorce. However, many couples struggle to reach an agreement about the numerous issues addressed in a parenting plan. Because most parents have strong opinions about what is best for their children, disagreements about child custody concerns during divorce can quickly become contentious. If you and your spouse do not see eye-to-eye about child custody concerns, one option that may help you reach an agreement is collaborative law.

What is the Collaborative Law Process for Family Law Issues?

Family law deals with issues such as divorce, the allocation of parental responsibilities and parenting time, and child support. One alternative resolution method that may help individuals settle family law issues without taking the case to trial is collaborative law or collaborative divorce. The collaborative law process involves the parties and their respective attorneys meeting together to negotiate the unresolved issues, find common ground, and explore potential solutions. The end goal of the collaborative process is to reach a mutually-agreeable decision about the issue at hand.

Benefits of Using Collaborative Law to Resolve Child Custody Issues

Collaborative law differs from mediation in that the spouses retain attorneys who provide legal representation, guidance, and advice during the collaborative process. The goal of the collaborative process is not to “win” or “lose” but instead to find solutions that are reasonable, sustainable, and mutually- beneficial.  This can help parents remain on good terms and set the foundation for a respectful, pragmatic co-parenting relationship in the future. Although each spouse retains their own attorney, all of the parties involved in the collaborative process agree to negotiate in good faith, keep discussions confidential, and freely exchange information. The parties also agree not to take the case to litigation. If the parties cannot resolve their issues and the case goes to trial, the lawyers involved in the collaborative process are prohibited from representing the parties in court. This ensures that everyone is highly motivated to reach a resolution.

Another huge benefit of collaborative law is that you can collaborate with and receive expert opinions from professionals like child psychologists, social workers, or child development specialists. Third-party professionals also agree to the terms of the collaborative process. They understand that the ultimate goal of the collaborative process is to find a child custody arrangement that serves the children's best interests.

Contact a DuPage County Child Custody Lawyer

If you and your spouse disagree about child custody issues and you want to avoid litigation, collaborative law may be right for you. To learn more, contact Pesce Law Group, P.C. Call our office at 630-352-2240 and schedule your free initial consultation with a skilled Naperville family law attorney.



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