Child decision-making disputes can be nerve-wracking and emotional. If you are going through a divorce and child decision-making dispute, you need to have proper guidance before you head to solve this issue and all that it entails.
Child decision-making is one of the hard-fought battles in court, and there is no guarantee that you will win. Complex procedures and actions are taken before making a final decision.
Therefore, in such cases, hiring an experienced child decision-making lawyer can be helpful. The lawyer can guide you throughout the process and decide what is in the best interest of you and your child.
While a range of factors might affect your child’s guardianship case, people also believe in some myths related to the process. There are some common myths about child decision-making cases. This blog post clarifies them all.
Continue reading to learn about some of the myths about child decision-making and what you should do about them.
The Mother Should Always Be The Decision-Making Parent
Many people think and consider that a mother should be a child’s decision-making parent. However, that is not true. This belief is developed because, in the past years, fathers used to go out to earn, and mothers were the ones who looked after the children and spent most of the time with them. But, this doesn’t give them parenting rights over their children.
Now, things are changing, and many courts are opting for this viewpoint that both parents can be the caretaker of the child. The children should be involved with both the parents if possible. However, the final decision is taken after court proceedings and asking the child’s choice. But, there is no such thing that a mother should be the only guardian of the child.
Leaving Parent Forfeits Child Guardianship
There is no such thing as forfeiting a child decision-making case unless the other party decides to do so. Just because one party leaves or is not filing for child decision-making doesn’t mean they are forfeiting their parenting rights. Instead, both parents share guardianship legally until there is a final order from the court.
The Decision-Making Parent Can Relocate With The Kids
Another common myth or misinformation about child decision-making is that the decision-making parent can relocate anywhere in the world with their kids. They can do this but they will have to make changes in their agreements and ask for the other parent’s agreement through the court. So, you are not allowed to move with your kids unless the court orders you to do so after having an agreement with the other parent.
The Child Decides The Parent
Another myth is that the child has to decide who they want to live with. This can be quite an emotional stress for kids as they can have a hard time trying to decide, especially if they are young. In the event of a disagreement, the court will decide with whom the child will primarily live.
However, it doesn’t mean that the child’s considerations and choices will not be taken care of. Instead, the purpose of the above method is to remove the burden from their shoulders about deciding who will be their parent in such stressful times.
A Guardian Ad Litem is also appointed in this case. They interview the child to know what they are thinking. They report what the child says and is read by the judge. Moreover, a judge might also order social services if the child is rebellious or constantly disrespects.
Final Thoughts
The myths will always be there, and you can go astray if you don’t have the proper guidance. Hiring a professional child decision-making lawyer can help you handle your case better and decide on an ideal situation that is a win-win for everyone.
Also read: Why Should You Hire A Child Decision-Making Lawyer?
About Peak Family Law
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We offer services in divorce, child decision-making, property disputes in couples, spousal support, and more. You can book a consultation here or contact us if you need any support.
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