SETTLE OR PERMANENT HEARING / TRIAL After the 90 day waiting period, if agreements have been reached on all issues and the parties agree to settle, or there is an irresolvable dispute between the parties, the documents may be filed to complete the allocation of Parental Responsibilities.
SETTLEMENT If there is a complete settlement between the parties on all issues we may file the documents to complete the Allocation of Parental Responsibilities and orders including the Parenting Plan, Support Order and Proposed Order adopting the parenting plan..
IRRESOLVABLE DISPUTE If there is an irresolvable Dispute between the Parties they must file a Notice to set Final Orders and comply with the Case Management Order issued at the time of setting. Each side much submit a Proposed Parenting Plan and Child Support Worksheet and prepare for Permanent Orders Hearing / Trial.
CUSTODY / PARENTING TIME & DECISION MAKING
The court will take into account the following factors when considering what is in the best interest of the child:
The court shall consider all factors listed above for allocation of Parenting Time but also:
CHILD AND FAMILY INVESTIGATOR (CFI)
The Parenting Plan should address both parenting time and decision making responsibilities and the court can either approve a submitted plan or on its own motion shall formulate a parenting plan that addresses parenting time and decision-making responsibilities. Parenting Plans should be tailored to the circumstances of each individual case and plan ahead for future, potential conflicts as well as the obvious. Some considerations and necessary components are much more detailed than the court might be able to provide at a hearing if not brought to its attention first so it is important to be thorough and detailed with all plans submitted to the opposing party or court. Some considerations might include:
It is better dealt with now, rather than later.
UNEMPLOYED OR UNDEREMPLOYED / POTENTIAL INCOME EARNING ABILITY Individuals are attributed their potential income or earning ability if they are unemployed or underemployed if they do not meet an exception.The rule requires a 40 hour work week and the difference to be calculated if less is worked. Some exceptions include:
Mediators do not issue binding opinions, recommendations or rulings. They listen to both sides of the case and make recommendations, trying to facilitate a resolution and settlement of the parties. Attorneys can be present during the mediation and it is recommended that they are. Mediation can be helpful if thought and care go into choosing the mediator, you are prepared and goals are set prior to the meeting. Many courts require mediation and are allowed to by statute prior to any court hearing. Mediation sessions are confidential. Mediation can have advantages such as giving the opposing party a chance to have a third party recognize and point out the problems and issues with some of the positions she has taken for instance.