Call Us: (212) 336-1440-556

Who Gets Custody of the Children in a Divorce?

Child Custody Lawyer

Child custody is a common issue in divorce cases. Unfortunately, there are many myths surrounding this issue that cause confusion and often lead to disappointment. Let’s take a closer look at five of the most common child custody myths law firms here.

  1.    Mothers are always granted custody.

In the past, the majority of states granted custody to the mother. However, these days, the majority of states, reject this rule and explores what is in the “best interest” of the child. Sometimes, a mother is the right choice because she has more time to spend with the child or is more qualified to provide for the child’s needs. In other cases, the father deserves custody because he has the mental and financial stability that the child requires.

  1. A child has the right to make a custody decision.

Although a judge may take an older child’s desires into consideration, their child custody decision will not be solely based on the child’s choice. If you are going through a divorce and child custody must be decided, you should refrain from trying to convince the judge to make a decision based on what your child wants.

  1. Working parents will never win custody.

Contrary to popular belief, working parents have the same rights as parents who do not work. This is particularly true if the parent who does not work has the option or ability to work. It is important to keep in mind that financial stability will play a role in a court’s custody decision as it is necessary to provide for a child.

  1. Child custody modifications can be made without the court.

You may find that your situation or the situation of your ex-spouse changes and may be tempted to work with your ex to make an informal change to your custody arrangement. Although it is great you are being open and communicating with your ex about your child, child custody modifications must be made formally with the court.

  1. A lawyer is not necessary for a child custody case.

While child custody cases seem simple, they are actually quite complicated. If you are going through a divorce and have a child, it is in your best interest to reach out to an experienced attorney. This way, you can make sure your rights are protected and the outcome of your case will benefit your child.

Contact Divorce Attorneys

All child custody cases are different and will have different results. Some divorcing parents can quickly work out an agreement, while other parents end up having a long, drawn-out contentious custody battle. Unfortunately, there is no way to predict just what type of custody case you may have. If you are facing a divorce and custody situation, contact a law firm today to set up a confidential consultation with a seasoned attorney.

Source: Child Custody Lawyer Tampa, FL, The Mckinney Law Group

Close Menu