In the process of an Alabama divorce, one topic that often brings up strong emotions is child custody. Misunderstandings about how courts determine custody can increase stress levels, leading to more trouble in the proceedings.
Do you know the truth regarding the following custody myths?
Mothers do not always win custody
It is untrue that mothers always win custody in Alabama divorce cases. The state’s courts use the “best interests of the child” standard, and gender is not a factor in these decisions. Factors such as the child’s age, health and emotional ties to each parent, as well as each parent’s ability to provide for the child’s needs, weigh more heavily in custody decisions.
Physical custody does not equal sole decision-making authority
Another widespread misconception is that physical custody means having sole decision-making authority over a child. However, physical custody refers to the child’s primary residence, while legal custody pertains to decision-making rights about the child’s upbringing, including education, healthcare and religion. A parent can have physical custody while sharing legal custody with the other parent.
Child custody is not always a winner-take-all scenario
There is also a misconception that child custody is a winner-take-all situation. In fact, Alabama courts often prefer joint custody arrangements to ensure both parents remain active in their child’s life, as this is generally in the best interests of the child. While the exact division of time may vary, both parents typically have significant time with the child.
The child’s preference does not determine custody
Lastly, the myth that the child’s preference will determine the custody outcome is not true. Especially for older children, the court will not grant custody based solely on the child’s preferences. Instead, the judge will evaluate all factors contributing to the child’s best interests.
Understanding the realities of child custody arrangements can help reduce stress and conflict in an Alabama divorce. By dispelling these common myths, you can make more informed decisions and focus on creating a stable, loving environment for your children post-divorce.