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Debunking 3 child custody myths

| Apr 6, 2018 | Child Custody

The biggest divorce story out of New York right now involves Vanessa Trump filing for divorce against Donald Trump, Jr. The couple, after 12 years of marriage and five children, has officially decided to call it quits.

This case, as with other divorcing couples, will involve determining child custody, visitation and access schedules. Many divorcing spouses make mistakes during this process based on wide-spread myths involving child custody that are not true. This can be avoided with the aid of a divorce and matrimonial family law attorney.

Here are some common myths to be aware of when dealing with child custody:

Myth #1: A child can decide who they want to live with

A judge will certainly consider a child’s preference during a child custody dispute. In New York, a child’s preference is a factor a court considers. There is no magic age in New York State where a child makes this decision. A judge decides based on the best interest of the child.

Myth #2: Social media will not play a role in child custody

Be careful what you post and how you present yourself on social media. Your spouse can absolutely use your social media accounts as evidence against you. The other party can use photographic evidence of you partying or engaging in other destructive behavior to assert you should not receive as much custody time and that it would not be in the child’s best interest to be with you. 

Myth #3: You can move to another town whenever you like

Regardless of whether you receive a majority of child custody or barely any, you must consider the child’s right to have visitation with the other parent. This may prevent you from moving out of state or away from your neighborhood. Additionally, your former spouse can object to your moving, and you may need to go to court to decide whether you can relocate.

If you need help confronting child custody and visitation issues in a divorce, contact an experienced matrimonial and family law lawyer to help you find your way to happily ever after.