When it comes to family law, no two circumstances are exactly alike. There is a lot of misinformation out there and what you believe could have an adverse impact on your family case.
Whether you are contemplating divorce, a custody matter or some other family concern, make sure you know the truth about the following myths about family law.
Mothers always receive full custody
Now that the courts recognize how beneficial it is for both parents to maintain positive and active roles in their kids’ lives after divorce, mothers no longer receive custody and parenting advantages or preferences. Fathers have the same rights as mothers unless the law deems them unfit and strips them of their parental obligations and privileges.
My spouse cheated, so I have the upper hand in the divorce process
Your partner may have taken a leave of absence from their marital vows, but in the eyes of the law, that is not sufficient enough to give you the better deal in the divorce decree. The law is very specific about how it views cheaters and divorce. All marital property is subject to distribution equitably. However, if there are child custody concerns, the courts may use information regarding spousal infidelity in its decisions.
Infidelity is not an automatic barrier to child custody or parenting time. There are additional factors that the law uses to determine the outcome of divorces involving children and spousal infidelity concerns, such as each parent’s:
- Ability to provide for their children’s emotional, physical and financial well-being
- Ability to provide a safe, secure and nurturing environment
- Mental and physical health and capacity
- Living and employment arrangements
When determining custody and parenting rights, the courts will always consider the well-being and safety of the children above all others, that includes parental preferences.