When people think of babies, they usually think of mothers before fathers.
Women are supposedly said to have the maternal instincts and are the ones
associated with children. There is a misconception in our society that
women are better suited for raising kids. Unfortunately, this translates
to myths about
paternity that can be harmful, especially in cases of
divorce and child custody. At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, we believe that
you should be well informed at all times, especially about matters of
1. Mothers Always Get Custody
Many people assume that because mothers have a natural paternal instinct,
they are the ones who automatically get custody of children during a divorce.
However, this is not true. California courts look at both parents’
ability to provide for their children. Based on financial factors and
stability, each parent is awarded parenting time of their kids.
2. Parenting Time Will Automatically Be Split Equally
Another common misconception about paternity is that both mothers and fathers
will get 50/50 responsibility and time with their children. Although in
most cases, equal time-sharing between parents is what is best, the courts
will look to the best interests of the child. If one parent is abusive
or cannot provide for their children, than they will not get custody.
It all depends on the specific circumstances.
3. Fathers Can’t Have Paternity Tests Until After the Baby is Born
There are times when a person needs to know whether or not the baby is
theirs, especially during a divorce proceeding. Maybe an individual is
divorcing before the baby is born. Most assume that a father cannot have
a paternity test performed until after the baby is born. This is untrue,
however. Thanks to prenatal paternity tests, parents can find out vital
information before the birth.
4. Children 13+ Decide With Which Parent to Live
Although the court definitely listens to the children’s preference
and looks at the facts, the kids do not have the final say in child custody.
The judge and the court decide what is best in a divorce proceeding.
At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, we understand how difficult the divorce
process can be, especially when children are involved. If you and your
spouse have decided to go your separate ways,
contact our San Bernardino divorce attorneys to discuss all
child custody matters. We help make sure your rights are protected! Call today at (909)
344-5704 to schedule a free consultation!