Five Myths about Child Custody

Five Myths About

Child Custody

Getting into a child custody battle can be extremely difficult

for you and your family.

Even if the divorce went smoothly,

Even if the divorce went smoothly,

it is normal to be upset at the newly divided family unit.

In the search to obtain child custody,

In the search to obtain child custody,

the well-being of the child is the most important factor

looked at by the courts.

Here are five common myths about Child

Custody that need to be set straight…

Myth #1:

Myth #1: Moms

Will Always

Get Custody

Legally, custody cannot go to a parent simply because of gender.

Legally, custody cannot go to a parent simply because of gender.

Often times a mother is granted primary custody simply because she was the primary caregiver during the marriage.

If there is a gender-bias that can be proved,

If there is a gender-bias that can be proved,

it can be used as the basis for an appeal.

Myth #2:

Myth #2: 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,

Your character,

as well as the character of the people living in your house or visiting

regularly,

Your character, are the real factors that

the court considers.

And remember, what you consider to be good character

is not necessarily what the judge considers to be good.

Particular jobs,

Particular jobs,

personal appearance,

Particular jobs,

or a certain type (or lack of) religious affiliation,

personal appearance,

Particular jobs,

or a certain type (or lack of) religious affiliation,

personal appearance,

CANNOT

Particular jobs,

or a certain type (or lack of) religious affiliation,

personal appearance,

CANNOT be used to automatically

deny you custody.

Myth #3:

Myth #3:

I Have a Domestic Violence Charge On My Record So

Will Not Get Custody

A Domestic Violence charge, or other criminal offense, may work against you,

A Domestic Violence charge, or other criminal offense, may work against you,

but it may not.

If a child was present,

If a child was present,

involved,

If a child was present,

or a victim,

involved,

If a child was present,

or a victim,

involved,

then that most likely will count against you.

If the child was not present,

If the child was not present,

there may be other factors that are counted as more important.

Myth #4:

Myth #4:The Child Will Get to Choose

Although older teenagers will often be listened to greatly in the matter,

Although older teenagers will often be listened to greatly in the matter,

younger children do not get to decide who

to live with.

The young one’s opinions may be weighed, if they are deemed to be mature and have a good

grasp on the situation.

Myth #5:

Myth #5:The Person With

More Income Will Get Custody

This is not an automatic judgment,

This is not an automatic judgment,

however the parent with the higher income may be able to get better

legal representation.

Which can give them a

BIGadvantage.

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…

Love and Affection…

Are some of the most important things when courts decide child custody.

The court will decide custody based on who can provide the best upbringing for the child,

The court will decide custody based on who can provide the best upbringing for the child,

based on their love,

The court will decide custody based on who can provide the best upbringing for the child,

and attention,

based on their love,

The court will decide custody based on who can provide the best upbringing for the child,

and attention,

based on their love,

and their ability to provide a stable childhood.

T h e L a w O ffi c e s o f Ly n d a L H i n k l ew w w . L y n d a H i n k l e . c o m

9 0 1 S . R o u t e 1 6 8 , S u i t e 4 0 7 B , B l a c k w o o d , N J 0 8 0 1 2

If you have any questions or need guidance through this difficult time,

call our office at

856-227-7888 for a free consultation.

We are happy to help you find a way to do what is best for your children.