Top Myths Debunked On Child And Their Custody During Separation

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With the rise in the number of divorce cases, there is a serious rise in the complication of custody of children. With lesser or no legal knowledge by both the parties, the possibility of believing myths have become high. Separation with a spouse is never easy, and especially if it involves kids which makes it much worse. The whole intent of a parent is to make sure the child’s well being is taken care of. Along with ensuring to get the custody of their child.

This is never going to be easy because legal matters are not straight and simple.

While you surf the internet for some answers, you will get multiple ones that will trick your mind and make you believe in a story that’s not true. There are many child custody myths on the internet and this will only lead to breaking your case if you trust it. With a professional attorney by your side, you will be guided with 100% complete and accurate information. That’s the reason it is best to seek the help of a lawyer in a matter so fragile.

Let’s read out Few Myths & Why you shouldn’t believe it 

  •  There is always a Court Involvement 

 Even if there is a disagreement that happens during the custody, you will still have the option to settle out of court. A process like informal negotiations take place where both the parents meet, discuss, and land on a mutual decision. This sort of negotiation also takes place between the attorneys of each parent. Mediation is another way to handle out of court settlement where a neutral third party convinces and helps both reach an agreement.

  • Child Will Choose

The child will be asked for his or her decision by the judge to make sure their point of view is known and to make a rational decision. Child preference will be one factor to be considered while making a decision. However, their decision and choice won’t be final. The child must be of 10 years of age to speak in front of the judge and talk about his choice. There will be a proper evaluation done legally to understand and estimate who is desirable for the custody.

  • Only Parents are the Custody Holders

While it is true that parents get are prioritized in custody cases, there are some cases where they are not completely in a position to be granted custody. There is a possibility that parents do not get the custody of their child and it is their grandparents who receive it instead. Further, other family members or friends can obtain it too in special cases. If parents are found to have neglected their child, emotionally and physically abused them, is a drug or alcohol addict, this will seriously lead to parents not getting custody and being the child being transferred to someone trustworthy.

  • Mother Always Wins

Mothers are the one that has given birth to them, but in the legal world, they are not the first one eligible every time in a custody situation. Actions, behavior, responsibility, financial position, and care, all factor into the consideration of each parent. The court of law doesn’t consider the emotional factor as a win-win approach. Instead, they want proof, knowledge, and a complete understanding of who deserves and could take the charge.

Custody cases are tricky and definitely require a professional attorney to handle the matter. Attorneys are well versed in these laws, rules, and regulations. Simple negligence from your side can break your case. Thus, for a better understanding of how to behave and present yourself during the custody period, a lawyer would be able to help you. For more info please visit https://www.berkbot.com/

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