Unfortunately, the saying, “If you read it on the internet, it must be true,” is not always the case. This is not to say what you have read is misleading or false, but rather could be outdated or biased. When it comes to child custody, there is a bulk of information that isn’t exactly accurate. This has led to mothers and fathers being overwhelmed and confused about what goes on during a hearing for child custody, as well as, what might affect the judges’ decision. The following are some of the most common myths regarding child custody matters. If you have read or been told something about child custody and are unsure about whether or not it is accurate, you can call a child custody lawyer.
The Child Will Get to Choose Where they Live
In certain scenarios, a judge will ask the child about where they would like to live. However, this is not the only factor taken into consideration. In general, the judge will only interview children who are older than 13 years of age.
The Mother Will Always Win
In the past, most states did favor mothers; however, today, this is not true. More and more fathers are opting to stay at home to raise their children. Furthermore, more fathers are aware of their rights and many know what they are entitled to after a divorce. A good child custody lawyer will know of many cases in which the father was misinformed and unaware of his rights. As a result, they accepted their ex-wife’s decision to take care of the children or even cut him out of their life. Fathers have parental rights and can exercise them in a court of law.
Fathers Forfeit Visitation if Child Support is Not Paid
It is true that jail time is possible when child support isn’t paid; however, the mother of the child cannot stop the father from their visitation, even if he has fallen behind on child support payments. The only way visitation can be suspended or revoked is when the child is in imminent danger. If you are a father who has been prevented from seeing your children, you should consult a child custody lawyer today.
The Parent Who Files for Divorce Will Get Custody
There are numerous decisions that will be considered by a judge. Which person files for divorce is certainly not one of them.
The Parent with Custody Can Move Whenever and Wherever
Whether a parent has full or shared custody, no parent can simply take the children and move. Before a parent moves, they must notify the non-custodial parent. A hearing will be called to determine whether the move is appropriate for the children. If a judge finds that the move would be too difficult for the child or children, he or she could deny the parent. If a parent suddenly moves with the child, and fails to notify anyone, it could be considered kidnapping.
If you are concerned about being misinformed and would like to ensure you have the most relevant updated information pertaining to child custody, please call a child custody lawyer, like a child custody lawyer in Collin County, TX.
Thanks to Scroggins Law Group for their insight into some of the most common myths about child custody.