As a parent going through a divorce or separation, you will likely encounter a lot of misinformation about child custody. Friends, family and even online forums may offer well-meaning but misguided advice, leading to unnecessary stress and anxiety. It is crucial to separate fact from fiction so that you can make informed decisions about your child’s future.
Myth: Mothers always get custody
While it may be true that historically, courts often favored mothers in custody disputes, modern California courts prioritize the child’s best interests. The court considers factors including:
- Each parent’s involvement in the child’s life
- The child’s relationship with both parents
- The child’s needs
- Stability of each home environment
- Each parent’s ability to care for the child
Both mothers and fathers have equal opportunities to gain custody based on what is best for the child.
Myth: Custody battles are always a battle
While some cases do involve conflict and uncooperative parties, many parents work together to create custody arrangements that benefit their children.
The truth is that many parents are able to reach amicable agreements through negotiation, mediation or collaborative law processes. These alternative dispute resolution methods can help you and your child’s other parent work together to find a solution that works for everyone – even if you don’t see eye-to-eye on everything.
Myth: Custody orders are set in stone
Life changes, and so can custody orders. If a parent relocates, a child’s needs evolve or other significant circumstances arise, a California court can modify an existing custody order to reflect the new situation.
Myth: 50/50 custody is always best
Equal time often sounds fair to parents, but it’s not always the best solution. Parents and California courts consider many factors when deciding custody arrangements. For instance, equal time may not be feasible if one parent travels a lot, if there are complicated parent-child dynamics, or if it would be too difficult for a child to adapt to frequently moving between homes.
It is essential to recognize that every family is unique, and custody decisions must reflect that. When it comes to child custody and other family legal matters, accurate information is your best tool. If you’re unsure about anything, talk to a family law attorney who knows California custody laws.