If you are in the middle of a divorce or child custody battle, you are likely under a tremendous amount of stress. Going to family court can be quite overwhelming, and it is easy to get frazzled. Believing all the common myths about family law can make you even more anxious.
Here are some misconceptions about family law that you should not believe.
The Court Always Give Full Custody to the Mother
A common myth about family law is that the mother (if there is a woman in the relationship) will always get custody of the children. However, the judge will consider the child's best interests first when determining custody. If the judge determines that the mother is unfit in any way, they will award custody to the other parent.
Everything Is Divided Equally
Many people still believe that all property is split equally in a divorce. This just is not true. The judge will take several factors into account before deciding how to divide an asset. For example, the judge may consider the future needs of each spouse and the financial contributions each person made toward the property.
A Child Can Choose Which Parent to Live With
Children actually don't get to decide which parent they prefer to live with. However, some judges may listen to older children's' preferences about living arrangements. The judge may only consider a child's opinion in the custody decision if both parents are equally capable of receiving custody.
You Can Withhold Visitation if the Other Parent Doesn't Pay Child Support
It is frustrating when the other parent doesn't pay child support. However, that doesn't mean you should stop them from seeing your child. Instead, tell your lawyer. They will inform the judge, who will handle the matter.
Any Lawyer Can Handle a Family Law Matter
This is completely false. If you are facing a divorce or child custody matter, you should hire a lawyer who has experience with family law. They will have extensive knowledge of the family laws in your state and guide you in the right direction. A family lawyer will know the family judges and court personnel and improve your chances of a favorable outcome.
As you can see, there are quite a few myths about family law. If you are about to get a divorce or have a child custody battle, you should schedule a consultation with a family lawyer today to get more information.Share