What Mistakes Do Parents Make Negotiating Parenting Time?

 Posted on September 13, 2024 in Family Law

In Illinois, child custody consists of two parts: parental responsibilities, which refer to the parents’ duties to make major decisions for the child; and parenting time, which is time spent with the child (also called physical custody).

Before a court grants a divorce to two parents, it requires them to submit a parenting plan that outlines how they propose to divide child custody between each other. Some parents may agree on how to divide parental responsibilities and parenting time, while others may reach an agreement through negotiations in court-ordered mediation. Although it is not required to have an attorney present during mediation, consider hiring an Illinois child custody attorney to represent your side throughout negotiations.

What Does Parenting Time Include?

Provisions for how parenting time is divided are contained in the parenting plan. They include:

• Parenting time schedules for the school year, holidays, and vacations
• Transportation arrangements between the parents
• The right of a parent to claim physical custody if the other parent is unavailable for parenting time, referred to as the right of first refusal
• How each parent will communicate with the child during the other parent’s parenting time

Whether parents come to an agreement between themselves or with the help of a mediator, they should address these points. When doing so, they should take care to avoid some common mistakes parents make when negotiating parenting time.

What Common Mistakes Do Parents Make in Parenting Time Negotiations?

Working towards a divorce settlement is often a difficult task, partly because of the emotional factors involved. This is especially true of child custody, which is often a tense and heated subject between divorcing parents. Therefore, extra care should be taken to avoid mistakes that can derail parenting time negotiations, such as:

• Failure to plan ahead: Parents sometimes focus on schedules for physical custody during the school year but fail to plan for holidays and vacations. It is also important to plan for contingencies and emergencies. Does one parent have a job that requires him or her to travel? Does the other parent have an ailing family member in another state that may require care? Questions like these should be addressed.
• Overlooking the child’s needs: It is easy for parents to get caught up in planning how their child will split time between them. But children also need to be social with friends and pursue extracurricular activities. This could mean spending more parenting time with the parent whose living arrangements are more conducive to the child’s social life.
• Being closed to compromise: Compromise is an essential ingredient to successful negotiations. Refusing to give some ground on your demands can torpedo a settlement and ultimately cost your child in the process. 
• Failing to consult an attorney: Some parents think consulting an attorney is only appropriate for litigation. However, involving an experienced child custody lawyer in the earlier stages, particularly during parenting time negotiations, can help you reach a win-win-win settlement that benefits your child.

Contact a Rolling Meadows, IL Child Custody Attorney

Parenting time is an extremely important decision that affects you, your child, and your co-parent. Make sure it serves your and your child’s best interests by contacting Ann O’Connell Law, Ltd.. We have spent years helping parents find the right parenting time arrangement for their needs, and we are ready to do the same for you. Take advantage of our reasonable fees and our personalized legal services. Schedule a free consultation with a Mount Prospect, IL child custody lawyer by calling 847-859-6222 today.