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4 myths surrounding child custody

On Behalf of | May 2, 2023 | Child Custody And Visitation |

It’s critical to get the right information when going through a divorce with children. Child custody is a sensitive matter that should not be approached with inadequate information or misinformation. 

You need to protect your parental rights. This guide discusses four child custody myths to help you do this.

Myth 1: Only mothers get primary custody

The court always makes decisions that are in a child’s interest. This means that it won’t consider the gender of the parents. A mother or a father can have custodial rights based on the court’s assessment.

Myth 2: Child custody is a reward or punishment

Child custody ensures a child’s needs are met after a divorce. The court does not make orders to reward or punish a parent. Of course, it may feel like so, for instance, in the case of limiting visitation hours or subjecting a parent to supervised visitation due to alarming factors, such as a history of domestic violence or substance abuse, but this is not the case. The court’s objective is to protect the child.

Myth 3: Children can decide where they want to live

The court may ask a child about their preferences, but will not decide based on these. It will give an order that’s in their best interest. Nonetheless, the parents should find ways to handle the child’s concerns. 

Myth 4: Custody orders aren’t binding 

Some parents don’t take child custody orders with the seriousness it deserves. They may fail to observe the parenting plan or disrespect the other parent’s rights. However, violating a child custody order can lead to a modification, which means one may lose parental rights. And since it was a court order, they may be penalized with fines, community service and possible jail time.

Children can complicate a divorce. It will be best to get legal guidance to make informed decisions.  

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