When a marriage fails, it can place you in direct conflict with your spouse over a variety of issues. In particular, custody disputes over any children can be a particularly contentious issue that will have to be resolved. Sadly, solving these issues can be made more complicated due to the prevalence of misinformation regarding custody issues. More precisely, there are a couple of common myths that you should be aware of when you are making choices regarding this aspect of your divorce.
Myth: You Have No Visitation Rights If The Other Parent Is Awarded Sole Custody
There can be various degrees of custody that can be awarded to either parent. However, many may be extremely worried over what their rights will be when sole custody is awarded to one parent. Often, the other parent may assume that they will have no formal rights to visit the child, but luckily, this is not the case.
When sole custody is awarded, the court will still establish a visitation schedule that both parties must follow. As a result, your rights to see and spend time with your child will be protected regardless of what your legal role is concerning custody.
Myth: You Can Change Your Child's Last Name Following Your Divorce
It is common for the wife to assume the last name of the husband following a wedding ceremony, and it is likewise common for a wife to restore her maiden name once a divorce has been completed. If the divorce was particularly bitter, some people may want to attempt to change their child's last name to remove this reference to the father.
Unfortunately, if you are wanting to do this, you will be disappointed. In order to change your child's name, the court will have to be involved, and the ruling is unlikely to be in your favor unless you can prove a necessary need for the change. While a professional attorney, like those at Cragun Law Firm, may be able to help you make this argument, it will be difficult to overcome the assumption of the judge or court that the move is just intended to spite the father.
Dealing with the custody issues that can arise during a divorce can be stressful and confusing. However, you can help reduce these problems by making sure that you know the truth behind these two misconceptions about custody issues. This will help you better understand your options and what to expect from these high-stakes disputes.
When my ex-husband decided to contest my choice to homeschool our children, I knew that I had to defend my right as the custodial parent. Our custody agreement gave me authority over educational decisions, but he still took me to court. I spent a lot of time working with an attorney to find out how best to handle it, and I did a lot of research on the laws as they applied. If you're trying to defend your educational choices amidst your divorce, this site may help. I've built it to share everything I learned and explain the process that I went through to secure my rights.