Some Misbeliefs About Custody Rights Fathers Should Have Corrected

Posted on: 2 April 2017

Parental rights can be a very sensitive subject. Due to the emotionally charged nature of these matters, it can be easy for individuals to be more likely to give credit to misconceptions and notions. More precisely, fathers are often exposed to some misleading information regarding custody, and it is important to refute these claims.

Myth: The Mother Always Gets Physical Custody

There are many people that assume the courts will automatically attempt to award custody to the mother. This idea can be particularly dangerous because it may lead fathers to be less willing to fight for their parental rights. The courts will go to great lengths to determine which parent will best be able to provide a comfortable and nurturing home for the child. During this evaluation, the financial and employment situations for each parent will be reviewed. The courts will also consider the emotional attachment and bonding that exists between each parent and the child. It is true that in situations where one parent was rarely home due to work, the court may be less likely to award that parent primary physical custody as the child will have a more established relationship and bond with the other parent.

Myth: Your Original Visitation Order Will Be Permanent

The creation of a visitation schedule is an important step in protecting the rights of the parent that does not have primary physical custody. However, don't assume that these orders can never be altered once they are created. It is a fact of life that a person's situation and schedule can change. If you find yourself facing a major schedule change that renders the current visitation order problematic, there are procedures that can be used to modify the agreement so that it better reflects your current reality.

Myth: Falling Behind On Child Support Will Cause You To Lose Visitation Rights

The parent that is awarded primary physical custody is likely to be entitled to child support payments from the other parent. These payments are necessary so that the parent will physical custody is not responsible for the entire cost of raising the child. Sadly, it can be possible for a person to lose their job, face emergency expenses, or other financial hardships. When this happens, it can be easy to fall behind on payments. However, visitation and child support are unrelated issues and one does not depend on the other. As a result, if the other parent attempts to deny you visitation because you are late on child support, you should notify your attorney as soon as possible so that steps can be taken to rectify the situation. 

For more information, consider contacting an attorney like Lois Iannone Attorney at Law.