
When parents go through a separation or divorce, one of the biggest concerns is child custody. Unfortunately, there’s a lot of misinformation out there that can make an already stressful process even more confusing. Let’s break down how child custody is actually decided and debunk some of the biggest myths along the way.
MYTH #1: “Mothers Always Get Custody”
Truth: While it may have been common in the past for mothers to be awarded custody, modern courts focus on the best interests of the child—not gender. Many fathers win joint or primary custody, especially if they’ve been the child’s primary caregiver.
MYTH #2: “The Child Gets to Choose Which Parent to Live With”
Truth: A child’s preference can be considered in custody cases, but it’s not the only factor. Courts will look at the child’s age, maturity, and reasoning behind their preference, but the final decision is based on what’s best for their well-being.
MYTH #3: “50/50 Custody Is Always Guaranteed”
Truth: While courts aim for both parents to be involved in a child’s life, true 50/50 custody isn’t always practical. Factors like work schedules, distance between homes, and the child’s needs play a major role in determining the right arrangement.
MYTH #4: “If My Ex Doesn’t Pay Child Support, I Can Deny Them Visitation”
Truth: Child support and visitation are separate legal issues. Even if the other parent fails to pay, you cannot withhold visitation. Doing so could actually get you in legal trouble—your best option is to go through the courts for enforcement.
MYTH #5: “Courts Always Favor One Parent Over the Other”
Truth: Courts don’t have a preset bias. Instead, they consider multiple factors, such as:
- Each parent’s involvement in the child’s daily life
- The child’s emotional and physical well-being
- Stability of each parent’s home environment
- Each parent’s ability to meet the child’s needs
- Any history of domestic violence or substance abuse
Bottom Line: The Court Focuses on the Child’s Best Interests
If you’re going through a custody battle, it’s essential to understand the facts, not the myths. Whether you’re seeking joint custody or sole custody, having the right legal guidance can make all the difference.
Need help with a custody case? Our firm specializes in family law, and we’re here to help you navigate this process. Contact us today for a consultation.