Some Fallacies About Child Custody Dispelled

When you go through a divorce, the most important thing that most spouses worry about is the custody of their child. Children are thought to be the most important assets in a divorce case. However, the fact that it is such a popular aspect in a divorce case has meant it has gained popularity. Much of which has resulted in a number of false fallacies developing that are harming the process and the way parents are fighting their divorce case.

Hence, to make sure you don’t fall for the fallacies that have developed in an Orange County divorce, here is low down on some of those fallacies and the truth about them.

1.     The Gender Of The Parent Is An Important Consideration

This is one of the biggest and most widespread fallacy about the Orange County family law courts. People believe that the judges in the case tend to consider the sex of the parent as an important factor in deciding who to grant custody to. This however is far from the truth. Whether it is a woman or a man, the law is equal for all and that includes cases of child custody in divorce. The only important consideration for the court is the best interest of the child. Whether it’s with the father or the mother, that is what will dictate the decision.

2.     A Teenager Can Choose Their Parent

Again, it is common knowledge among people that when you go to an Orange County divorce with a teenage child, the courts will give them the authority to choose the parents they want to live with. This in fact is nothing more than a fallacy. The family laws has no provision or precedent where the judges go ahead and give the child irrespective of their age the final decisive authority in a case. While a teenager may be able to advise the court as to his or her preferred parents, this is in fact solely in the domain of the judge to decide.

3.     Parental Alienation Cannot Be Proved

In an Orange County divorce case, there are often instances where one of the parent is guilty of alienating the child from the other parent. It is often thought that parental alienation cannot be proven. This, however, is far from the truth. While it can be said that lack of documentation makes the parental alienation hard to prove, it can still be proven with the correct argument and evidence. In case you have documented the other parent’s parental alienation, it can be easily proved and used against the other parent in matters of child custody.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.