If you are a parent of minor children considering divorce, one of your main concerns is probably child custody. In Texas, courts determine custody based on the best interests of the children, taking into account numerous factors, including but not limited to your history of contact with your offspring, your and the other parent’s health, living location and finances.
While the child custody order creation process may seem simple, it is actually complex. As a result, there are many myths floating around about child custody.
1. The mother has the advantage
Favoritism by courts towards mothers is a relic of the past. State law grants both mothers and fathers the same rights and consideration when it comes to custody cases.
2. The children pick if they are old enough
Many believe that once their kids reach 12 or some other age the court defers to their choice of residence and main custodial parent. Courts may take children’s opinions into consideration, but in the end, the judge has the final say and generally considers other factors as well even if he or she does take into account your kids’ preferences.
3. The parents have the right to waive support
Child support is for the children, to maintain their standard of living and prepare for their future, and courts always view it as such. Even if you and your soon-to-be ex-spouse come to a mutual agreement that neither owes child support, the judge may still decide to award it.
There are other fallacies surrounding child custody and it is imperative to be aware of them so you can make informed decisions.