Family lawyer Daryl Weinman, founder at Weinman & Associates in Austin, TX, explains why child custody can be made difficult by being misinformed. For more information please visit https://www.weinmanfamilylaw.com
— In a recent interview, leading family lawyer Daryl Weinman, founder at Weinman & Associates in Austin, TX, revealed myths surrounding child custody.
For more information please visit https://www.weinmanfamilylaw.com
When asked to comment, Weinman said, “Reaching a child custody arrangement with a former spouse can be stressful and is often made worse by widespread misinformation. Here are some of the most damaging custody myths to be on the lookout for.”
Many parents going through a divorce incorrectly assume that children of a certain age can choose who to live with.
“A child’s preference is far from the sole determining factor in a custody case. While a court might decide to interview a child when requested, judges tend to look at a whole host of factors before finalizing a child custody arrangement and will ultimately make a decision on what is best for that child, not just what the child wants,” Weinman said.
One of the most prevalent misconceptions about child custody is that the mother is always awarded primary custody.
When asked to elaborate, Weinman said, “This myth has a nugget of truth to it historically. However, most states have since changed the way they approach child custody and judges are now supposed to remain gender neutral when determining which parent should have primary custody. Ironically, it’s more common for fathers to receive primary custody when they request it, because they generally have a pretty good reason for requesting and fighting for it.”
Another common myth is that parents with a questionable past will not be granted custody rights.
"Parents with a recent history of drug abuse, criminal convictions, and domestic violence can still be awarded some type of custody rights. In the past, the courts had stricter guidelines regarding this, however, the common view is that it's in the children's best interest to have an ongoing and stable relationship with both of their parents," she said.
Weinman was quick to point out that parents with a troubled recent history but who show signs of recovery are often given at least supervised visits with their kids.
Many parents are under the false impression that the police can enforce the rules set out in child custody arrangements.
When asked to explain, Weinman said, “The police don’t have the authority to intervene even if one party violates custody orders such as picking up or dropping off a child late or keeping a child overnight on a night that’s not theirs.”
"If a custody order is violated, the best thing to do is to document the occasion – particularly if it's serious, such as a parent taking a child without permission – and to take it to court. The court can then alter the child custody arrangements accordingly and can punish the wrongdoing parent,” she added.
Name: Daryl Weinman
Organization: Weinman & Associates, P.C.
Address: 8200 N Mopac Expy #230, Austin, TX 78759, USA
Release ID: 478848