Cases that involve child custody are the subject of a large number of untrue statements which can also be referred to as myths. These statements are often spread among the general public making the family law cases sound more complex than they actually are.
In this article, we aim to dispose off of these rumors for good.
First Myth: the Family law Judge will Consider the Gender of the Parent
The fact is that this is never a consideration of the family law judge. As your family law attorney in Alpharetta will tell you, gender is irrelevant in decision making of a child custody case. The only thing that family courts take into account when deciding custody cases is the best interest of the child. The courts want to ensure that the child is kept in the perfect conditions irrespective of whether the parent able to do that is child’s father or mother.
Second Myth: The decision of child custody is taken by teenagers and not courts once the child grows up
This myth is not entirely untrue yet isn’t completely true either. In the cases of child custody, there is a role of the child in when deciding the custody parent. This role, however, is more conclusive than exclusive in its approach. This means that the decision making powers continue to rest with the courts and not the child.
When a child is sane enough to be aware of the pros and cons of their decisions, they will be asked by court for their preference regarding the parent they wish to live with. This choice, though legally, is only meant to help and assist the judges in their final decision and not meant to dictate them. There are also provisions and instances where the judges have refused to acknowledge this right primarily because of the core belief in the decision making that is the best interest of the child should be at the heart of every decision.
Third Myth: In the absence of the court order at the end of the case, the parent who has the child’s custody will continue to have it till the case is decided
This is once again a myth. As your family lawyer in Alpharetta will tell you, while status quo (what has been happening before the trial) is an important consideration, they will only be a consideration with regards to the temporary custody decisions. The fact of the matter is that the courts tend to decide their cases on the letter of the law and the application of the facts. This approach is unlikely to change in child custody cases. Once again, the most important consideration that courts will take into account and base their decisions on is the child’s best interest.
