Oftentimes, in the midst a divorce proceeding, couples are loathed 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.
