Exploring Civil Case Proceedings

Debunking 4 Myths About Child Custody

29 April 2020 by Becky Freeman

Going through a divorce is hard enough, but things are even more stressful when there's a child custody disagreement involved. Whether you're in the middle of a divorce or are thinking about filing, you probably have some burning questions about child custody and how it works. Your best bet is to work with a child custody attorney for personalized answers to your questions and concerns. In the meantime, though, there are a few common child custody myths you won't want to fall for.

Myth #1: Children Get to Choose Who They Live With

While it's true that the wants of the children are taken into consideration in a custody dispute, no child gets to flat-out choose which parent they will live with. It is more likely that a judge will take an older child's preferences into consideration than those of a toddler or younger child, too. Ultimately, it will come down to other factors, including which parent is able to provide the child with the most stable home environment.

Myth #2: Full Custody Automatically Goes to the Mother

One of the most common myths about child custody is that the mother of the children automatically gets primary or full custody if the issue is brought to court. In reality, mothers and fathers have equal rights in court — and custody is most often awarded to the child's primary caregiver. Because more fathers are beginning to operate as the primary caregiver in the household, then, it is not uncommon for them to also be awarded primary or full custody.

Myth #3: No Child Support Means No Visitation

If your spouse owes you child support, you cannot withhold visitation from them as a result. Doing so could actually jeopardize your own custody. If the child's mother or father is not paying child support, the best thing you can do is return to court to have the matter settled. 

Myth #4: Going to Court Is the Only Way to Settle Custody

You don't always have to go in front of a judge to figure out custody just because you can't reach an agreement right now. There are other options, including mediation, that may help you reach a custody arrangement that's agreeable to both parties.

By educating yourself on the realities behind these common child custody myths, and by retaining an experienced child custody lawyer, you can move forward with more confidence.

For mroe information, contact a law firm like Dawn M Ogrodny PC.

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