Do Not Believe Any of These Common Myths About Child Custody Cases
Posted on: May 13, 2021
One of the worst things about difficult child custody cases is the fact that there is so much bad information out there. This is why we recommend contacting a family law attorney as soon as you realize that you might need one. We can give you the facts so that you do not fall prey to any of the common myths about custody cases, some of which we have explained below.
Myth: The Purpose of Child Custody is to Reward One Parent and Punish the Other
No. The purpose is to find the best interest of the child. That’s it. In fact, most family law decisions that involve children are based on what the perceived best interests of the child are. This might not make it easier, but remember that no one is against you in the legal system – they are just trying to do what is best for your child.
Myth: Mothers Get Preferential Treatment
This myth persists, and many people believe it to be fact. However, the law is clear that the state cannot take gender into consideration when deciding on custody and other issues. Mothers will not necessarily always get more custody. Once again, it all comes down to the best interests of the child.
Myth: A Child Can Decide Who They Want to Live With
If your child is under the age of 14, then the court might want to hear what they have to say, and the court might choose to take their opinion into consideration. If your child is 14 or older, then the court is required to hear what the child has to say and to take their opinion into consideration. However, the judge will take it as one factor. The child cannot decide on their own.
Myth: You Can Violate a Custody Order without Huge Legal Issues
There are legal consequences if you violate a child custody order. The consequences could include modifications of the support order that limit the offending parent’s visitation or custody. In severe cases, custody and visitation can be taken away altogether. In fact, the offending parent can even face a criminal charge of contempt of court.
Myth: You Don’t Need an Attorney
Even if you and your co-parent agree on custody, you should talk to an attorney. Any custody agreement you sign is legally binding, and having it amended can be a challenge. Take the time to talk to a family law attorney to make sure that what you are signing is in your best interest. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.
