Among the most celebrated genres of entertainment is the courtroom drama. Our fascination with trials dates all the way back to Ancient Greece.
Real life is seldom like TV, and our dramatizations of trials have led to a lot of misinformation. This is even the case for family court.
What are some of the myths of family court, though, and how can a family access lawyer help you navigate them? We'll talk more about that here.
Parents' Rights Aren't the Big Issue
Parents' rights get brought up a lot in access cases and divorce cases, but they don't play as big of a role as you might think. The child's rights and well-being are given the most weight.
Parents' rights do come into play, provided certain conditions are met. Either parent can have credible accusations of child abuse or neglect.
A judge will consider the relationship and health of the relation that each parent has with their child or children. Judges usually don't give access to a parent who's never home or is emotionally distant.
Access Doesn't Always go to the Mother
There is a grain of truth to the myth that custody always goes to the mother, but it's still false. The mother does get full access in nearly 80 percent of court cases.
This statistic is misleading. It doesn't say anything about the relationship or what alternatives exist. The majority of access issues are decided out of court, with 84% opting for a written or verbal access agreement.
Even if access is decided out-of-court, you should still hire a lawyer in Niagara Falls.
Giving Up Parental Rights Doesn't Eliminate Child Support
There's a pervasive myth about family proceedings that parental rights and child support are directly linked and that giving up your parental rights means that you no longer have to pay child support.
Child support payments can be ordered regardless of access arrangements. By extension, higher child support payments don't always equal more time with the child. Your visitation rights are completely independent of child support.
No Single Factor Decides Access
Some of the biggest misconceptions about Family Court revolve around how suits are decided. Some think access always goes to the richest parent or that the child's preference is all that matters.
Those things play a role, but they're not the sole deciding factor. The best way to prepare for family law court is to be a good parent. That's all the court is looking for.
The Truth of Family Court and Where to Find a Family Access Lawyer
We've dispelled some of the myths of family court proceedings, but you still need a family access lawyer. I can help you there, as well.
My staff and I have been in this business for nearly three decades. We pride ourselves on keeping our clients informed while we work on their case. Feel free to read more about me at J Leigh Daboll.