Child Custody: The Myths and the Facts

January 01, 2013 (Press-News.org) Child Custody: The Myths and the Facts

With divorce becoming a more common issue, many families in Lancaster County may find themselves in a position where they need to create a child custody plan. There are a lot of misconceptions and myths that are perpetuated concerning the process of child custody. It's important to be able to differentiate between the myths and the facts so that families are as prepared and informed as possible when going forward with divorce and a child custody plan.

The most important thing to remember is that every court, whether in Lancaster County or any other part of the country, will always look out for the best interests of the child. Courts are not looking to pass judgment on styles of parenting or decipher how angry one parent is at the other. Instead, they are simply trying to determine what is truly best for the child.

Common types of custody

It is important to differentiate between the different types of custody to figure out which ones may apply to a family's situation. Legal custody refers to a parent's right to make decisions for the child concerning things like education and religion, and it is rare that legal custody is taken away from either parent. Physical custody refers to where the child will be physically living.

It's most common for sole physical custody to be awarded, meaning that the child will live with one parent most of the time. One widespread myth is that courts will always award physical custody to a mother over a father. This is not true, and if a court finds that for whatever reason the child would be better off living with the father, then the court will award custody to him. Also, just because one parent is given physical custody of a child does not mean that the non-custodial parent has no rights to see the child. Unless there are extreme circumstances, courts will typically grant visitation rights to the non-custodial parent.

Determining which parents gets custody

There are many factors that go into a court's custody decision, such as the mental and physical health of the parents. For example, Pennsylvania law states that custody hearings are treated differently when one of the parents has had problems with drugs or alcohol. However, when the child custody arrangement is reached and approved by the court, be aware the agreement is not permanent and can always be changed by the court if a parent has good cause and petitions the court appropriately.

Parents can contact a local family law attorney to help navigate the child custody process, so that parents can fully assert legal rights and walk away with an arrangement that works best for the whole family.

Article provided by Montgomery & Zimmerer, L.L.C.
Visit us at http://www.mzlegal.com