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  3. Family Law: Common Child Custody Myths

Child custody has the potential to quickly become contentious and combative. Divorcing parents often resent their ex-spouse during this process as it can feel like your role in your child’s life is being threatened. Despite the negative connotations surrounding child custody, it is possible to reach an agreement you and your ex-spouse will agree on and feel satisfied with. The courts always prioritize your child’s emotional health and physical safety, leaving the rest up to the parents.

The following are common myths about child custody, debunked:

  • Mothers don’t always get custody. While this was once the case, courts no longer predetermine custody simply based on gender. It is highly encouraged for children to have frequent contact with both parents so as to sustain a healthy support system. Fathers shouldn’t assume there is no hope and mothers should prepare to defend themselves.
  • You can’t withhold visitation for child support. If your ex-spouse doesn’t pay adequate child support, this does not give you the legal right to withhold visitation from the failing parent. Instead, file a Motion for Contempt to fight for the compensation your child deserves.
  • You do need a court order. Just because you and your ex are on good terms, this doesn’t mean you won’t need a strongminded and experienced lawyer to help determine your parenting schedule and custodial arrangement. Though things may be stable now, there may come a time when either you or your ex choose to alter the arrangement, much to the disdain of the other. Eventually, you will regret not having something in writing.

Knowledgeable & Dedicated Family Lawyers Proudly Serving Oceanside

Our skilled family lawyers of Fischer & Van Thiel, LLP can help you and your ex-spouse come to a fair and balanced child custody agreement, one aimed at protecting your child’s best interests above all else. We are a team of prominent legal professionals who have nothing but support and solutions to offer you.

Schedule a complimentary consultation with us, please call (760) 722-7646 or complete our online contact form.