Divorce Myths: Moms Always Gets Custody and Dads Always Pay Support – The Reape-Rickett Law Firm

One of the most common family law myths is that mothers are always awarded custody of their children and that fathers are always the ones paying support. However, neither of those statements are true. It can be that the mother will get custody, and it can be that the father will pay support. But that is not always the case.
Regarding child custody, the court’s priority is an arrangement that is in the child’s best interests, and which parent will best ensure that those best interests are fulfilled. Family Code Section 3020 prioritizes frequent and continuing contact with both parents. Thus, the court considers which parent is more likely to foster the relationship with the other parent and if it can be demonstrated. For example, if one parent is trying to keep the child away from the other parent, then you can rely on that code section and raise the issue with the court. Further, the court considers many additional factors in custody cases, including: the child(ren)’s age, health, and emotional needs, each parent’s ability to care for the child as well as parental cooperation and co-parenting abilities. The courts also consider parents’ history of domestic violence or substance abuse and the child’s preferences if the child is mature enough to make that decision.
Regarding support, it comes down to simple economics. If the mother is making more money than the father, then the mother might have to pay support. Specifically for child support, there are three main factors. The time that the child spends with each parent, the amount of money that the mother makes, and the amount of money that the father makes. There are many other nuances and a lot of smaller factors that are included, but that is a broad overview.
Child custody and support are often two of the most contentious aspects of a divorce or parentage matter, so it is essential to have the right information and understanding of your rights. If you have questions or issues with an existing custody or support matter, contact our office at (888) 846-6166 or visit DivorceDigest.com, to speak with an experienced family law attorney.

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