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Debunking the Most Common Family Law Myths

May 25, 2023

Like any other part of the law, myths surround family law. There are lots of myths and misconceptions which can make it quite difficult to know what to believe. It can even be more difficult to separate fact from fiction when representing yourself in court. Many people rely on friends, colleagues, and relatives for advice. According to Lazic, 90% of child custody cases are settled without a judge's ruling. With a proper understanding of the law and a good family attorney, you can stay on top of your case and emerge victorious. In this article, we debunk some of the most common family law myths.


1. Mothers Get Awarded Custody of the Children

This is a misleading myth that causes fathers not to seek custody of their children. While most rulings tend to go this way, the truth is, courts focus on the interests of the child. That's why they will order a joint parenting plan to ensure the child spends time with both parents, and the two can make major decisions regarding the child's upbringing. Fathers can also get custody of their children if they can prove that the other parent is unfit to be with the child. For instance, if they are abusive, negligent, or mentally unstable.


2. Teenagers Can Pick Which Parent They Want After a Divorce

Many parents often make the mistake of believing that they have a right to get custody of a child because they prefer to live with them. While it's the court's primary focus to consider the child's interest, it doesn't mean they get what they want. The court weighs the situation carefully before awarding custody. Remember, a child who is under 18 cannot make independent decisions. That's why their wish may not always be regarded. The judge will appoint a social worker to inquire about the child's preferred parent and create a report to prevent them from testifying against a parent or feeling like they're made to take sides in court.


3. Mediation Is Never Helpful

Most people feel that mediation wastes time and delays the separation process. This is because many couples are often skeptical about their ability to agree on anything, including who will live with the children. However, this process seeks to help couples find a suitable way of solving their issues and divorce terms.


Don't fall for these common myths. To learn more about family law and the importance of having a family attorney, feel free to contact us today at Lockwood & Zahrbock Kool Law Office PC.

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