When a couple divorces, the first question that usually goes through their heads is “How will I get custody of the children?” The answer can be as simple as negotiating a settlement with the other parent or as complex as convincing a judge to rule in your favor at trial. However, there are a few common misconceptions that may lead to you losing your case.
Myth #1: All ‘custody’ is equal (50/50). This is not true in most cases, and it is more a matter of perception than anything else. Ultimately, the Court will make a decision on custody based on what they think you are like and what they think the child would benefit from.
Many people assume that the Court is going to look for a parent who is more responsible and able to provide a secure home for the child. This is a myth, but one that is still prevalent in family courts. A good way to counter this is to show that you have been a good father and have provided a safe environment for the child in your home, even if it hasn’t been perfect.
Another important thing to remember is that a judge’s decision will likely have an impact on how your children spend their time with you, so it’s important to be respectful and calm in the courtroom. Being a jerk or making outbursts during a hearing will be viewed negatively by the Judge and this can hurt your chances of winning custody.
A good father is someone who has a bond with his children, and this is something that the court can see. Seeing your kids everyday, asking about their day, helping them with homework or taking them to after-school activities will help build that relationship between you and your child.
It is also important to keep in mind that a judge will want to see you as a parent and not as a rival. This can be difficult for some people, but it is essential if you want to win custody of your children.
Myth #2: Fathers have a lower chance of winning custody than mothers do. This isn’t always the case, and it’s not uncommon for fathers to have a very hard time winning custody in Miami, FL. This is primarily because of the “tender years” doctrine, which states that women should have custody of young children until paternity has been established.
This doctrine has been rescinded by most courts, but it is still present in some instances. Generally speaking, fathers who are financially well off, live in a nice house, have been paying child support for a while, and hire good Miami divorce & family lawyer are more likely to be awarded custody of their children.
Men often have a hard time winning custody of their children in family courts because they don’t take the issues that can be thrown at them seriously. This is especially true if the other parent has a criminal record or has had a history of domestic violence in their home.