Child custody law in California can be complex and confusing, and there are several myths and misconceptions surrounding it.
Here are the top 5 myths and misconceptions about child custody law in the state of California:
Mothers Always Get Custody
One of the most common misconceptions about child custody law in California is that mothers always get custody of the children. However, this is not true. The court’s primary concern is the best interests of the child, and custody is determined based on a variety of factors, including the child’s health, safety, and well-being, as well as each parent’s ability to provide for the child’s needs.
Joint Custody Means Equal Time
Another common misconception is that joint custody means equal time with the child. In California, joint custody means that both parents share decision-making responsibilities for the child, but the physical custody arrangement can vary. The court will determine a custody arrangement that is in the best interests of the child, which may include a shared physical custody arrangement or a primary physical custody arrangement with visitation rights for the non-custodial parent.
The Child Gets to Choose Which Parent to Live With
Many people believe that once a child reaches a certain age, they get to choose which parent to live with. However, while a child’s preference may be taken into consideration, the court ultimately makes the final decision based on the best interests of the child.
Fathers Have No Rights
Another common misconception is that fathers have no rights in child custody cases. However, fathers have the same legal rights as mothers in child custody cases. The court’s decision is based on the best interests of the child, not on the gender of the parent.
Child Support and Custody are Linked
Some people believe that child custody and child support are linked, and that if one parent is awarded custody, the other parent is automatically required to pay child support. However, child custody and child support are separate issues. The court will determine a child support order based on the financial needs of the child and the ability of each parent to provide support, regardless of the custody arrangement.
It is important to understand the facts and to work with an experienced family lawyer who can provide guidance and representation throughout the custody process.
