Child custody is one of the essential considerations of a divorce or separation. Often parents find it challenging to make the right decision about child custody as most of them are not aware of the accurate child custody laws and regulations. These also, at times, lead to disputes, delay the process of divorce. Issues regarding child custody might also have severe impacts on children and lead to trauma. 

Attorneys in Knoxville TN strongly believe that only by debunking popular child custody myths and having the proper knowledge about them can parents solve disputes on custody and keep their kids away from traumatic experiences. 

So here are some of the Common Child Custody Myths

Myth 1- Moms Always Gets the Child’s Full Custody

full child custody

Most people blindly believe that mothers get a child’s full custody in every case. It is not always true. A court makes a decision upon the child’s custody based on what’s best for the child. Often the parent who provides primary care like feeding and bathing the child, taking the child to school, and making doctor’s appointments receive the child’s custody. 

In most cases, the possession of the child is given to mothers as many households still run with the mother as the primary caregiver. Nowadays, the court often offers equal custody to both parents. So never assume that the court would award custody only to mothers. It is always advised to be equipped with evidence that shows you are the primary caregiver if you want the child’s custody. 

Myth 2- A Child Can Choose Which Parent to Live With

A Child Can Choose Which Parent to Live With

Although the court listens to the child’s opinion to stay with a parent, the court takes it into consideration only based on the child’s age and capacity to make decisions. Often the court designates a neutral guardian in cases where the child fervently opposes living with one of their parents. In some instances, the court considers the child’s preference when both the parents do not resolve the dispute regarding the child’s custody. Often the custody of the child is awarded to the parent who in no way might cause any harm to the child or is the child’s primary caretaker. So unlike the popular myth-making your kid speaking for you in court will not help you gain the child’s custody. 

Myth 3- Only Parents Can Get the Custody of a Child

Although the custody of a child is often allocated to one of the parents, there are cases where the court awards the child’s custody to other family members or acquaintances. This usually occurs when the court finds that both the parents are incapable of taking care of the child or have been physically or emotionally abusing the child. The court also offers the child’s custody to others when the parents are physically or psychologically unfit to take care of the child. The court might also consider the previous history of drug usage and addictions in case of deciding the custody. 

Myth 4- Visitation of a Parent can be Withheld if they Pay Child Support

child visitation

Although a parent can be charged for not paying the child support, the law does not permit a parent to withhold the regular visitation. As long as the child is not in danger or abused by the other parent, you cannot stop the other parent from visiting the child during the scheduled visitations. One can always contact a child custody attorney if the parent with the child’s custody does not allow you to visit the child. 

Myth 5- Custody of Children is Given to the Parent who Files for Divorce

Childern Custody

Although a number of factors determine the allocation of a child’s custody, no court offers custody of a child to the parent as he/she filed the divorce. The custody of a child is allocated after careful consideration of factors that best suit the child’s future. You should never think that the child’s custody will be in your favor, just as you are the one who initiated the divorce.

Myth 6- You don’t have to Pay Child Support if you Give up Child Custody

In most cases, the court offers the child’s physical custody to one of the parents and asks the other to pay child support. Even if you do not want to see or have any relationship with your child after the divorce, you are obliged to pay the child support. Child support is usually computed based on the custody agreement. You receive credit for sharing the childcare. If you are not spending time with your child, you would have to pay more than the regular child support as the other parent has to take care of the child full-time. If your former partner fails to pay the child’s support as mentioned in the custody agreement you could visit a child support lawyer and file a charge.

Myth 7- Court Orders on Child Custody cannot be Changed

Court order for child support

Most parents believe that court orders on child custody are permanent. However, the law permits parents to modify child custody agreements upon mutual consent. Some courts also provide provisions to review the custody agreement over regular periods. Under certain circumstances, the parents may revise the parenting time and child support. Parents can seek custody modifications if there has been a substantial change in circumstances warranting a change in custody. Modification of child support is permitted when there is a material change in the income of either parent or the needs of the child. 

Choose the Best Attorneys To Clear Your Doubts

Still, confused about options regarding child custody? For all information about child custody and assistance, it is always advised to contact a lawyer for child custody in your state. Disputes regarding child custody might delay divorce proceedings and leave the child with traumatic memories. To avoid all consequences and get your child’s custody at ease, debunk the myths about child custody and find the best child attorneys in Knoxville TN. Keep in mind that your decision must be in favor of your child’s better future. To avoid delays and disputes by gaining proper knowledge about child custody from our expert Knoxville divorce attorney at Volunteer Law Firm.