3 Common Misconceptions about Child Custody
One of the most challenging and contentious parts of a divorce proceeding can be the negotiation of child custody arrangements. Divorce is hard on every person involved, but it can be especially hard on the children who have to make a drastic adjustment in an often short amount of time. As is the case with many aspects of divorce, there are misconceptions about child custody. To prevent being misguided by inaccurate information, it is advisable that you consult with a San Jose divorce attorney.
If you are preparing for divorce and are concerned about issues pertaining to child custody, contact the San Jose family law attorneys of Daniel Jensen, P.C., by calling 408-296-4100 to schedule a free consultation to discuss your legal options.
Misconceptions about Child Custody
When it comes to matters of child custody, it is important that you ensure that you understand how child custody determinations are made. The following are three common misconceptions about child custody:
1. MISCONCEPTION: The mother is always awarded custody, regardless of the circumstances.
TRUTH: This is false. While it is true that children generally go with the mother, the court considers the child’s best interest above everything else.
2. MISONCEPTION: A child does not have to visit a non-custodial parent against that child’s wishes.
TRUTH: Visitation and joint-custody matters are not at the discretion of the child. The custodial parent must ensure that the child spends time with the non-custodial parent pursuant to the terms of the arrangement laid forth by the court.
3. MISCONCEPTION: I should get sole custody because the other parent is frequently unavailable and therefore is unable to be a sufficiently nurturing and effective parent.
TRUTH: While this may work in your favor in the evaluation of child custody, there may be other factors that counterbalance this perceived inaccessibility. As always, the court is to assess the entire range of facts in an effort to reach a conclusion that benefits the child.
Contact Us
We understand how important it is for you to share time with your child, so we are passionately committed to helping you vigorously present your case for a child custody arrangement that you desire and which will support your child’s well-being. Contact the San Jose family lawyers of Daniel Jensen, P.C., at 408-296-4100 today.
