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Process of Parenting Plan Binding Arbitration

Process of Parenting Plan Binding Arbitration

The difficulty and at times inability of an individual to communicate with one’s spouse during a time of divorce is a common occurrence. Many times, one or both spouses may feel hurt or confused about why the divorce settlement is taking place. It is expected that these emotions will be felt, but these feelings should not have to affect the children of the marriage. Although initially, one might find it difficult to accept the dissolution of a marriage, it prevents progress and mutual respect in other aspects of the divorce. One of the most important things to come out of a marriage is a child. 
In order to protect the child from the chaos of divorce, as well as allow their best interests to take priority, it may be necessary for the parents to communicate an agreement of custody arrangements, or a parenting plan, when it comes to the child. Although the ideal situation would be for both the parents to come together and develop this parenting plan, sometimes the parents may have a difficult time agreeing with one another. When hostility is unavoidable, it is sometimes necessary to look to other options to guide them through the process of developing a parenting plan. 
The process of going through the court system can be expensive and time-consuming. Therefore, parents may choose to enlist the help of an arbitrator for the development of a parenting plan. Arbitration does not necessarily have to be legally binding. Parents may choose to use the arbitrator as a form of mediation in assisting the parents to come to an agreement over issues and stipulations on the parenting plan. However, the option to make the parenting plan legally recognized is also an option. This type of arbitration is called a binding arbitration. Binding arbitration is a form of alternative dispute resolution. It is a legal form of resolution that occurs outside of the courts. Binding arbitration is legally binding so you will gain the benefits of legal recognition without having to go through the court systems. For this reason, courts do recommend binding arbitration as opposed to filing a hearing to resolve the development of a parenting plan. 
During a typical session of arbitration, a third party will sit down with each parent, separately if need be, and listen to them before coming to an agreement for a finalized parenting plan. Some parents may choose to develop the parenting plan with the help of the arbitrator without ever having to see the other parent, if they so choose. Arbitration is still the recommended method for devising a parenting plan as both parents will still be able to have their input and the child will not have to deal with the stresses of the courts. This type of resolution may spare the child from having to see both the parents stressed out over dealing with one another, or even openly arguing with one another. If there are still disputes that are unresolved through an arbitrator, both parents may need to resolve the disagreements with the court.
For those parents who are still unable to come to an agreement with their parenting plan, it may be a good idea to consider binding arbitration. Just because a marriage is severed, a relationship with a child is permanent, and both parents must find a way to decide on life decisions for the child. For those parents who choose not to face one another, binding arbitration provides them with a method of communicating through a third party, adding an element of objectivity to an emotionally-charged situation.

Understanding Parenting Plan Enforcement

Understanding Parenting Plan Enforcement

Oftentimes, in the midst a divorce proceeding, couples are loathe to speak to one another. Some divorces are more contentious than others, but when the marriage produces a child, the considerations of a child  and the respective needs of the child, take precedence over a majority of extraneous details. Child custody cases will often stem from divorces, and although it would be ideal for both parents to put aside differences for their child, that is not always the case. 
In such cases, child custody cases often turn into a battle for child custody rights. Provided that there exists an amicable relationship between the parents and child, neither parent wants to be the one to lose child custody rights. For this reason, some courts now request that a parenting plan be submitted jointly by both parents prior to a decision in child custody cases. However, many parenting plans are not legally binding. In the case that an agreement cannot be made between the two parents or one parent refuses to abide by the agreement, the court may become involved in the enforcement of the adherence to a finalized parenting plan.
If an agreement cannot be made, the parents may choose to go to court. This is usually a situation that is less than ideal in child custody cases, as it is often time-consuming, expensive and traumatic for the child. Anytime that a trip to court can be avoided, it would behoove the parents to do so. Many times, a child can sense when their parents cannot come to a decision relating to the child’s daily life and this can become an added source of stress for the child in question. If the parents have already decided on a parenting plan, but for one reason or another, the agreements are not kept, the court may decide to make the agreement legally binding. It will be taken into account as long as the agreement is signed and dated by both parents, written down, and made free from threats and pressure.
If the parents could not come to any agreement, the last resort may be for the judge to assign a parenting plan to both parents. This is obviously not an ideal situation for either parents or the child. With no say in how the agreement is created, it may be an inconvenience to both the child and the parents. If only one parent submits a parenting plan, without the other parent’s input, the court will consider it if it is in the child’s ad litem may be assigned to the child while the judge determines who will receive child custody rights.
 
The ideal situation in child custody cases would include the cooperation of both parents for the benefit of the child, instead of focusing on making the case a battle for child custody rights. If both parents can put aside their differences for the benefit of the child, the battle for child custody rights can often be avoided with both parents receiving joint custody.

What Are The Parenting Plans Requirement

What Are The Parenting Plans Requirement

Divorce is never an easy process; it is often stressful of both of the parents and especially the child. However, with the cooperation of both parents, they are able to make a stressful and traumatizing situation considerably more tolerable. When a divorce settlement involves a child, the courts will determine though child custody laws, which is the best arrangement for custody on behalf of both the parents and the children involved. 
However, the parents’ decision made regarding child custody laws can only make so many advances if the relationship between the two parents is not on amicable terms; the judge will grant the parents a type of joint custody or one parent will receive sole custody and the non-custodial parent, visitation rights. Either way, the courts encourage co parenting when appropriate. Just because one parent has sole custody of the child does not mean that the non-custodial parent will have be shut out from the child’s life. Child custody laws do not intend to bar the non-custodial parent from spending time in their child’s life. With the help of a parenting plan, they can continue to live normal lives with healthy interaction between both parents and the child.
In many states, child custody law requires that the parents submit a parenting plan prior to the courts determination of custody. This is done because courts prefer to assign joint custody to both parents instead of sole custody to one. However, it does not always work out that way, and in cases of sole custody, parenting plans are often used also. Requirements for a parenting plan will differ depending on the state, but it is essentially an agreement that separated parents will develop together about how their children will be cared for and supported. If the parents can agree on all the terms for the parenting plan, an agreement can be drawn up between themselves. Coming to an agreement on decision that will affect your child will be beneficial to your child, especially if it saves the chance for arguments and/or misunderstandings. 
A parenting plan can include any and all decisions that need to be addressed concerning the child. Obviously if child custody laws determine that one parent should receive sole legal custody of a child, the parenting plan will be much shorter, as most decisions aside from visitation will not concern the non-custodial parent. However, in any other case where child custody laws will determine that both parents will have joint legal custody (which is more common), the plan will be drawn up by both parents. As most parenting plans are not legally binding, changes can be made at any time. The only requirements are that the changes be agreed on by both parents. If parents choose have the parenting plan legally recognized, it must follow certain requirements as to how it is developed. It must be written down, signed and dated by both parents.
Divorce is not easy but with the full cooperation of both parents, it doesn’t have to be hard. Child custody laws are there to guide families through this time with structure and organization. Developing a parenting plan can not only save time and money, it can also ease the stress on a child during this very difficult time.

Find Different Parenting Plans Examples

Find Different Parenting Plans Examples

One of the most complicated aspects of a divorce is the child custody issue. It is true that if parents can put their differences aside for the child, the process can be much easier for both parents and the child, yet that does not negate the fact that preparing for a divorce settlement can be very complicated. Many courts will require parents to submit a divorce parenting plan. 
A divorce parenting plan is an agreement between the parents that will address every aspect and decision that will affect the child’s life, and as a result, a divorce parenting plan can be a lengthy agreement. It is not unusual for one or both parents to forget very important issues that will affect the child’s life when developing a divorce parenting plan. However, this is not due negligence or apathy towards the best interests of their child, but instead due the multifaceted details that are components of a successful and functional parenting plan. Every single aspect of the child’s life will go down on this divorce parenting plan and for those parents who are developing a divorce parenting plan for the first time, they may find it helpful to guide themselves with a parenting plan template. 
A parenting plan template can be helpful for a number of reasons. Not only do they lay everything out in an orderly manner, they also include most issues that parents who are developing a divorce parenting plan for the first time, tend to forget. On a typical day with one’s child, one would be astounded to realize how many decisions have been made on behalf of their children, both on a conscious and subconscious level. In addition, when one falls into a pattern of family living where each parent has their own set of responsibilities, there exists a potential difficulty performing tasks with which one in unfamiliar. Therefore, it would behoove the parents to take advantage of a parenting plan template. Each parenting plan template will include issues that are usually addressed without the help of a parenting plan template, as well as some other issues that don’t come to mind as readily. 
Some of the issues that come easily to mind in developing a divorce parenting plan include: how to split up the child’s vacations and holidays, what school or daycare they will attend, under what religious upbringing should the child be raised, what types of extracurricular activities the child should participate in, the health care the child should be provided with, where to keep the majority the child’s belongings, how to approach the situation in which parent begin a romantic relationship, how to handle travel and contact during that interim, how the parents will communicate, how the other parent will communicate with the child when they are not together, and finally, an appropriate method regarding problem solving.
The development of a parenting plan is a complex process, involving a range of emotions and details. The dissolution of a marriage prompts profound emotional responses on the parts of all involved. However, a parenting plan devoid of respect, compassion, and empathy will yield undesirable results for all parties connected to the initial divorce settlement. Parents in need of assistance are encouraged to seek out legal and professional advice in order to provide an optimal parenting plan for their children.
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