There are many misconceptions about the divorce process in general and child custody specifically. One of the most persistent myths is that both parents will be arguing before a judge who will then decide custody.
Although there is a chance that this will occur, the U.S. Census Bureau reports that the court resolves only 4 percent of child-custody issues; mediation or private discourse handle the rest. This exposes the need for strong legal representation.
A child-custody lawyer will work hard to protect your interests during negotiations and can offer relevant advice no matter what your situation. At the Elliot Green Law Offices, we run our firm based on the ideal that family is of the utmost importance, and we work tirelessly to ensure that our clients reach a custody arrangement that works for them. If you are interested in speaking with a Queens family attorney about your case, call us at 718-260-8668.
1. Is There a Bias Against Homeschooling?
Many people worry about what factors may count against them in the eyes of the court if they do go to trial. One aspect that some don’t consider is the child’s education.
The Washington Post explains that one judge recently awarded custody to the father of a child because he planned to enroll his child in public school, whereas his wife wished to homeschool. The judge’s reasoning followed the logic that children need exposure to socialization, which is something that homeschooling cannot provide. However, an appellate court disagreed, saying that there are numerous opportunities for homeschooling children to socialize.
2. What Happens When One Parent Doesn’t Honor the Agreement?
Child custody is a particularly emotional issue, and those who do not gain custody often don’t accept that fact. If one spouse doesn’t honor the rules of the custody agreement, it usually lands the couple back in court, where a judge is likely to rule against the misbehaving parent.
In more extreme cases, a violation can land a parent in jail. The Pittsburgh Post-Gazette reports that one mother took matters into her own hands when she wasn’t awarded custody and kidnapped her children. Police quickly tracked her down, and despite the fact that these are her own children, she now faces criminal charges.
3. Will Taking Medication for Depression Hurt My Case?
This is a common fear among divorcing parents, but the Huffington Post explains that it’s generally the opposite. Judges are used to seeing depression in divorcing spouses, and they would rather see a parent addressing that issue through medication or therapy than denying they have a problem or attempting to cover it up.
If you are planning a divorce, it can help to get some expert advice beforehand. That’s why we offer free initial case evaluations to prospective clients. We specialize in child-custody issues. To arrange a consultation with a child-custody lawyer, please call 718-260-8668.
