5 Common Misconceptions on Child Custody Cases

5 Common Misconceptions on Child Custody Cases

There comes a time when a couple decides to end their marriage. If they have children, a child custody case may ensue. Such a process is complex, and you may even have to involve an attorney so that they can explain your options better. In this article, we’ll look into some of the misconceptions surrounding child custody cases, and they include:

1. Children Can Choose the Parents They Want to Live With

A child is not in a position to choose the parent they want to live with. Nonetheless, the judge presiding over the case will listen to what the child has to say depending on whether they are in a position to make a rational decision without being coerced. When a child expresses their opinion, their preference is among the factors the judge will consider before issuing the final judgment.

A child should be at least 10 years old for them to express their opinions before the judge. If the child wants to reside with a particular parent, the judge normally appoints a guardian who will represent the interests of the child while determining the root of the problem.

2. A Visitation Can Be Withheld If the Other Parent Fails to Pay Child Support

This statement is false; however, the other guardian is in a position to change the initial arrangement so that it favors them. Never withhold the rights to visitation since the other parent is unable to pay child support. If the other parent fails to remit the child support on time, you should liaise with the attorney. If the child support is not paid in full, the court can handle the issue amicably. The judge will solve the issue and ensure the other parent is penalized accordingly.

3. You’ll Have to go to Court In Case of a Custody Disagreement

When there is a disagreement, some of these issues can be handled outside the court. Some of the alternatives that come in handy include:

Arbitration

this is a solution that does not involve hiring a mediator. Instead, professionals such as attorneys are involved, and they ensure both parties have reached a mutual agreement. Each party will present the case before an arbitrator, and they will make a final decision depending on their findings. If you opt for binding arbitration, the decision by the arbitrator will be final. The court cannot overturn such a decision unless the circumstances are unusual.

Mediation

This is a solution that involves engaging a third party who is neutral, and they will ensure the parents have worked out their differences. Every parent will have an attorney representing them during the mediation process.

Informal Negotiations

this is an instance whereby both parents will meet and discuss the custody agreement. Once the parents decide, one of the attorneys will come up with a legal document that both parents will sign.

4. Only Parents Can be Granted Custody

While the court will prioritize ensuring the parents getting custody of their children, there are instances whereby the custody will be granted to another party. Individuals such as the grandparents can be granted custody. Friends and other family members are also in a position to be granted custody, depending on the circumstances surrounding the case.

Each case is different, and it may be hard to establish whether or not the biological parent should be granted custody, depending on the circumstances surrounding the case. Some of the reasons why the parent may not be granted custody include:

· The child is neglected

· The parent is unable to care for the child psychologically or physically

· The parents have abused the child physically or emotionally

· The parent has issues with drug and alcohol abuse

5. Mothers are Granted Full Custody

The mother does not necessarily receive custody of the child. As per the current statistics, many fathers have been granted full custody, and the numbers are set to increase. Such decisions are based on the parent who has been the child’s provider and caregiver for a prolonged period.

About Post Author

Follow Us