5 Child Custody Facts Every Parent Should Know

If you know anyone who is divorced with children, you’ve probably heard the horror stories about custody battles along with a lot of myths about how custody works. We’re helping set the record straight by sorting out fact from fiction. Below are some truths about child custody that often get ignored or twisted. 

You Can Make Living Arrangements Outside of Court

Typically, children can either live with one parent and visit the other or switch back and forth. While living arrangements are often determined by the court, they don’t have to be! If you and your ex can get along and agree about where the child will live and set up your own visitation schedule, you don’t need a court order or a judge’s permission to come to a custody agreement through mediation. 

Parents Can’t be Forced to Parent

In some situations, one parent is desperate for their ex-partner to remain an active parent, while the ex-partner seems content to never see the child. Unfortunately, there is no law in Pennsylvania that can make someone step up to parenthood if they choose not to — child support is the only issue that can be legally forced. If a parent misses visitation or chooses not to stay in contact with their children, they have a right to do so. However, the courts may be willing to reduce visitation and custody rights if the parent shows to be an absent one.

Child Support and Visitation Aren’t Linked

If your ex is keeping you from seeing your children, it doesn’t mean that you can skip out on child support. Likewise, you can’t opt to keep your kids at home and unable to see their other parent just because your ex is behind on payments. In Pennsylvania, child support and visitation are not linked, meaning that they are two separate things. You need to make child support payments regardless, and you also need to stick to agreed visitation schedules regardless. Otherwise, both can be adjusted by the court. 

Claiming a Parent Uses Drugs Won’t Stop Visitation

While a lot of people lose custody due to providing an unsafe environment for children, claiming your ex-partner uses drugs or is an addict is not a definite way to end visitation. You need to prove that your ex uses drugs along with showing proof that their lifestyle would be harmful for the children. If your ex has an addiction but has gotten help, taken positive steps in dealing with it, and has not used for years their history with addiction may not be enough to claim that they are an unfit parent if they perform their parental duties well now. 

Custody is Determined by the Court

There are many myths about custody, like the first one to file for custody is the one who wins it or teenagers can decide where they want to live or that mothers always get sole custody. While these myths come from different factors, they all may play a part in the custody agreement. The truth remains that the courts get to determine where a child will live based on what they consider best for the child. Likewise, Pennsylvania recognizes the importance of both parents and is just as likely to award the father custody as the mother. 

Navigating the world of child custody can seem daunting, and myths can make it even more difficult. A good attorney will help you to discover the truth behind Pennsylvania’s child custody laws and ensure that these laws can be worked in the best interests of everyone involved. Even if you don’t have to go to court, an attorney can still help you to determine how to best present your case and reach a custody agreement – instead of just accepting your “fate” off of the basis of myths. If you’ve found yourself in the midst of a custody battle, contact our attorneys to get started on the path toward the best outcome!