Getting into a child custody battle can be extremely difficult for you and your family. It can be painful to have to fight with your ex-spouse for custody of your child or children. And even if the divorce was amicable and you are communicating well with your ex-spouse, it is normal to be upset at the newly divided family unit.
In the search to obtain child custody, the well-being of the child is always looked at as the most important factor by the courts.
Here are some common child custody myths:
Moms Will Always Get Custody
Legally, custody cannot go to a parent simply because of gender. Often times a mother is granted primary custody because she was the primary caregiver of the child the majority of the time during the marriage. If there is a gender bias that can be proved, it can be used as a basis for an appeal.
Custody Will Clearly Go to the “Better Person”
Your character, as well as the character of the people living in your house or visiting regularly, are factors that are considered by the court. However, don’t assume that what you see as making you a good person (or those things that make your ex a bad person) will stand up to a judge in court.
Particular jobs, personal appearance, or a certain type (or lack of) religious affiliation cannot be used automatically to deny you custody.
I Have a Domestic Violence Charge On My Record So Will Not Get Custody
A DV charge, or other criminal offense, may work against you, but it may not. If a child was present, involved, or a victim then that will most likely count against you. If the child was not present, there may be other factors that are counted as more important.
The Child Will Get to Choose
Although older teenagers will often be listened to greatly in the matter, younger children do not get to decide who to live with. Older children’s and younger teenager’s opinions may be weighed if they are deemed to be mature and have a good grasp of the situation.
The Person With More Income Will Get Custody
This is not an automatic judgment, however, the parent with the higher income may be able to get better legal representation. This can give them a big advantage.
Also, a wealthier parent may be viewed as being able to provide more and better opportunities, but this is not necessarily going to be the case.
Love and Affection…
These are some of the most important things when courts decide on child custody. The court will make the decision regarding custody based on who can provide the best upbringing for the child, based on their love and attention, and their ability to provide a stable childhood.
For a free consultation about child custody, call us at 856-227-7888, or contact us at [email protected]. We have locations in Camden, Burlington, and Gloucester counties, and are happy to discuss your legal options.
Related Articles:
Changed Circumstances and Support Obligations
In Custody Disputes, What are Grandparent’s Rights in New Jersey?
Tips for Successful Co-Parenting After Divorce
The above is not specific legal advice nor does it create a lawyer-client relationship. Do not rely upon it without consulting an attorney to see how the information presented fits your unique circumstances.
