When it comes to child custody arrangements in Massachusetts, there are numerous myths that typically affect a parent's rationale. Working out your divorce or paternity case custody related arrangement based on such myths can not only leave you unduly stressed, but also influencing an unfavorable final decision.
Let's have a look at some of the myths that surround most of the custody related cases in Massachusetts:
Myth #1: The mother has an upper hand
One of the most common misconceptions that most people battling custody cases in the court have is that the mother always gets an inordinate preference when designing the custody and parenting plan schedule. Although, it is more of a concept of "yesteryear" when the mother was automatically awarded the full custody of young children, the times have changed and so have the laws. The gender bias is no longer prevalent in the present day laws, and the custody and parenting plan arrangements are crafted entirely upon the best interests of the child.
Myth #2: Teenagers get to decide where they live
Although family court provides the children the liberty of voicing their opinions and wishes regarding where they want to live, it is the judge who is the ultimate decision maker. In other words, a child can express his desire to live with one parent, but his/her wish will not typically influence the final decision unless there is a significant reason to do so. For example, if a child expresses his/her fear of living with an abusive parent or even meeting him/her, the judge has the discretion to take the child's opinion into consideration.
Myth #3: A parent may lose parenting time rights if he/she defaults on a support payment
Although there can be several reasons, such as a threat to the emotional and physical well-being of a child, where the court may make changes to the parenting plan, however an inability to pay for support is never a valid reason to do so. A court may make changes in the parenting plan schedule, order supervised visitation or completely deny the right to a parent if it is in the beast interests of the child.
If you too have any misconception regarding the custody of your children, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation to clarify your rights and provide you with authentic legal information.