If mediation doesn’t solve the disagreements, then the case goes back to the court for a judge to decide. The mediator helps parents communicate with each other and come to an agreement. These sessions are non-binding and confidential. The certified mediator is a neutral third-party attorney, social worker, psychologist, or therapist. Parents attend court-ordered mediation when they can't agree on a custody arrangement. When parents agree, they create a joint parenting plan that outlines each parent’s legal custody and physical custody over the child. This process can also include each party’s attorney. 1.) Parent’s Splitting Custodyįirst, a separating couple tries to create a custody arrangement on their own. Physical custody is who actually has the child day-to-day. Legal custody is the decision-making authority over major decisions in a child’s life. The court differentiates between legal custody and physical custody. If disagreements are still present, then the court makes its decision. When they cannot, they attend court-ordered mediation. In the custody process, parents first try to split custody. This article references and describes Illinois laws and statutes that affect child custody cases.
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