Aug 12, 2014

There are a lot of things people just assume to be true about child custody battles. Here are some of the more common myths that just are not true.

Your Child Has a Large Say in What Happens

It is important for you to remember one thing when you are going through a custody battle: your child is just a child. They do not necessarily know what their best interest is. Most children are going to tell the judge they want to live with a specific parent because that parent is less strict. This has nothing to do with what is better for the child. If a child is over 13, the judge may take into account what the child wants. However, the judge is always going to do what is best for the child.

The Mom Always Gets Custody

There was a time when this was true. That time has come and gone. The truth is that 50 percent of the time the mom gets custody and 50 percent of the time the dad gets custody. It has nothing to do with your gender and everything to do with your role in the child's life, whether you have a job, and if you can support the child. All a judge wants is to do whatever is best for the child.

No Child Support, No Visits

Legally, you do have a responsibility to pay child support. Legally, you also have a right to see your child (unless the right is taken away from you). The two, however, do not go hand in hand. Just because you have not paid child support does not mean the other parent can decide not to let you see the child. This can actually get the other parent in trouble.

You should never just assume something to be true when it comes to child custody battles without asking your lawyer first.