Few subjects are as complicated in family law as child custody. For all parties concerned, child custody disputes can be mentally exhausting and distressing. Unfortunately, there are a lot of false beliefs and misconceptions about this complicated legal matter, which frequently need to be clarified to avoid tension and conflict. Here are seven of the most common myths about child custody:
1. Custody Decisions Are Permanent
Custody agreements are not necessarily permanent. It is possible that the original custody arrangement no longer serves the child’s best interests as the child ages and their circumstances change. Any parent may file a motion to the court to alter the child custody arrangement.
A substantial change in the parents’ circumstances, such as a parent moving or having a different work schedule, a change in the child’s needs, or other conditions not present during the first proceedings, may be the cause.
2. Fathers Always Lose Custody
It is a myth that fathers always lose custody battles. Modern family courts put the kid’s best interests first, although mothers were frequently given preference in the past. This involves looking into factors like the stability of each parent, the child’s relationship with both parents, the parent’s financial situation, and more. When it comes to custody, fathers have equal rights and obligations, and courts no longer consider gender when making custody decisions.
3. Custody is Given to Biological Parents Only
While biological parents usually hold the majority of the legal rights over their children, non-biological parents or other family members such as grandparents, aunts, and uncles may file for custody in certain situations. For example, if both of the biological parents are incarcerated, grandparents may intervene in such a situation to give the child a secure home. If the biological parents are judged unfit, this may occur. However, the child’s best interests will always come first for the court.
4. Custody Attorneys Are Not Required
Parents should be able to go through the legal process even if they do not have counsel. Many times, parents are unaware that they can speak for themselves. Even though the law permits them to represent themselves, a parent in danger of losing custody or their visitation rights should consult a custody attorney.
5. Courts Are Always Involved
A common misconception is that child custody issues always result in intense courtroom confrontations. Nonetheless, many custody disputes are settled out of court via collaborative law, mediation, or negotiation. Open communication and a readiness to make concessions can significantly enhance a cooperative and friendly atmosphere.
These non-adversarial conflict resolution techniques can be less expensive and less aggressive and give parents a more prominent voice in the ultimate settlement. You should consider court a final option after all other avenues have been exhausted.
6. Kids Could Choose Which House They Want to Live in
No law allows a child to choose which parent to live with. However, the court can consider children’s preferences, mainly if the children are older, and can convince the court to modify the original parenting plan. Reports from a family counselor can aid court decisions on the child’s best interests.
7. The Wealthier Parent Is Responsible For Child Support
Both parents are financially responsible for the children. The court determines the most equitable sum for both using a formula of its own. The child’s overnight visits with each parent are one of the court’s many considerations when determining the most equitable contribution.
Endnote
Although the world of child custody can be confusing and full of legal procedures, emotions, and sometimes myths, it is essential to remember that information truly is power. By learning the reality behind these widely held beliefs, you empower yourself and create a more favorable future for yourself and your child. Consequently, custody consideration will be extended to any parent who exhibits fitness and willingness.