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Four Misconceptions About Divorce Parenting Agreements

Posted on in Child Custody

Four Misconceptions About Divorce Parenting AgreementsEntering a divorce with misconceptions about how the allocation of parental responsibilities will be settled is doing a disservice to yourself. Some misconceptions are myths, while others are based on antiquated ideas about parenting after divorce. All of the misconceptions can potentially hurt you during your divorce negotiations because you have an assumption about how the parental responsibilities will be resolved that makes you resigned to defeat or recklessly overconfident. Here are four myths about parenting agreements during a divorce that are inaccurate:

  1. Mothers Are Assumed to Be the Primary Parent: This is probably the biggest parenting misconception in divorce. Mothers are more likely to receive a majority of parenting time but not because of their gender. The primary parent after divorce is the one who is most capable and willing to devote time to his or her parental responsibilities. Mothers traditionally but not exclusively fulfill this role in a marriage. A father who is the greater caregiver of the two parents may be better suited as the primary parent.
  2. A Working Parent Is Unlikely to Be a Primary Parent: When one parent stays at home instead of working, that parent normally takes on the primary parenting duties. After a divorce, the stay-at-home parent is often the most sensible choice as the primary parent. However, the stay-at-home parent will likely have to find his or her own job in order to fulfill child support obligations. The issue then becomes which parent is better capable of balancing his or her work and parental responsibilities.
  3. Teenagers Decide Which Parent They Live With: A court will consider a child’s preference for his or her living situation if the child is mature enough to give thoughtful reasons. However, child preference is one of a list of factors that courts use to determine which parent the children will primarily live with. A court will not adhere to a teenager’s choice if a majority of the evidence shows that it is not in his or her best interest.
  4. False Abuse Allegations Will Help Win Cases: Domestic violence charges and orders of protection will limit a parent’s contact with the children. If the parent is a danger to the children, he or she can be prevented from seeing the children or limited to supervised visits. However, a parent caught making false allegations will likely be the one who is punished. Besides the criminal consequences, the false accuser may lose parental responsibilities because he or she is considered untrustworthy.

Creating a Parenting Plan

The primary requirement for a parental agreement during divorce is that it serves the best interests of your children. A Barrington, Illinois, divorce attorney at Joseph M. Lucas & Associates, LLC, can help you make a parenting plan that works well for all parties. To schedule a consultation, call 847-381-8700.

Source:

https://www.huffingtonpost.com/cathy-meyer/dispelling-the-myth-of-ge_b_1617115.html

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