A battle for custody during a divorce may be an overwhelming process for the entire family and one may think that there are certain restrictions that prevent them from modifying or challenging a custody decision. Thankfully, the article below will dispel some myths associated with custody and visitation. If you have further questions, however, don’t hesitate to contact child custody lawyers Phoenix AZ citizens depend on for quality advice.
Myth #1: A decision about custody and/or visitation will never change.
Some people think that custody decisions are finalized once they are declared by a judge. However, this is simply untrue. The court will be willing to make modifications depending on what is best for the child in question–especially if the custodial parent becomes unfit to care for them.
Myth #2: The court prefers mothers and usually awards custody to them.
The decision is based on who can provide the best quality of life for the child and mothers lose just as often as fathers do. This is an incorrect misconception.
Myth #3: Sole Custody is the most popular decision.
An award of sole custody is pretty rare. Unless one parent is deemed unfit and is considered abusive or extremely irresponsible, both parents will be considered for at least some visitation.
Myth #4: Grandparents are not awarded custody or visitation rights.
In some cases, a grandparent will step in as a guardian when a parent is unable to care for their child. If both parents are unable to care for them the grandparent may be awarded sole custody of the child with limited visitation awarded to the parents. If they are not awarded custody but can argue that having visitation will be in the best interest of the child, the court may grant that, too.
Myth #5: Courts consider the needs of the parents when making a custody/visitation decision.
The needs of the parents are actually rather irrelevant in custody and visitation decisions. The most important consideration is always the needs of the child. And the parent that can provide the best quality of life for their child is the one who is awarded custody.
If you have questions about your pending divorce and your rights to visitation or custody, contact a family law attorney today to determine what your legal options are. A custody battle can be such a harrowing process and a lawyer can help you through it. Contact a lawyer for a consultation today.
Thanks to our friends and contributors from Hildebrand Law for their insight into child custody.