Many parents are hesitant to talk about child custody when contemplating whether it make sense to get divorced. This often stems from the belief of common misconceptions about child custody.
Parents can protect their legal rights by debunking common child custody myths, including those detailed below.
Myth #1: Mothers always get custody of their children
Truth: One of the longest running myths about child custody is that mothers always get custody of their children. This can make it seem as if fathers do not receive any rights. However, child custody is typically based on a child’s best interests. When a court decides child custody, there are several factors that are determined before a child custody arrangement is made.
Myth #2: Children can always choose where they want to live
Truth: Children may have some idea of which parent they would want to live with during a child custody dispute. While a child may know what they want, that does not always mean they know what is best for their interests. Where a child lives is not solely based on a child’s wants. Instead, some judges will interview a child and listen to their wants, but that does not mean their input will determine which parent receives custody.
Myth #3: Child custody arrangements cannot change
Truth: Child custody arrangements are often temporary. There may be room for improvement as a child grows. Either parent can petition for an altered custody arrangement. However, parents may have to provide evidence that a modification is necessary for a child’s well-being. For example, an altered custody arrangement may be necessary if a child has special needs or a parent’s work schedule changes.
Myth #4: Joint custody means 50/50 custody
Truth: Joint custody is often the preferred choice by many courts. However, joint custody is not always 50/50 custody. For example, one parent may have more legal custody rights than the other. This means that this parent may decide what is best for their child, such as their education or health care. Parents may also, for example, split physical custody. This could mean that a child lives with one parent more than the other.
Myth #5: Co-parents cannot move
Truth: A parent may wish to relocate after a divorce because of better housing or job opportunities. Child custody can make it difficult for parents to move, but often not impossible. Parents may need to renegotiate the terms of a custody arrangement to help ensure each parent is providing for their child.
It is important that parents understand the truth about child custody. Parents can reach out for legal guidance and have their questions answered at any time, so that they can be empowered to make truly informed decisions.