Family Law Myth #1: "Full Custody"

Here is the final one of the "Top Ten Common Myths in Family Law." The entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/

Myth #1:
I want “full custody” of the children.

In Texas, the magic legal words are “conservatorship” and “access.” Conservatorship is the bundle of rights and duties that accompany being a parent; for example, the right to make educational decisions or the duty to pay child support. In the world of family law, access refers to a period of time when the non-custodian parent has exclusive visitation time with the child(ren) separate from the other parent.

When my clients ask for “full custody,” that is code for conservatorship. If you want to have the kids the majority of the time AND make the most important life decisions for them, you want to be primary managing conservator. There is no legal definition for “full custody.”

To read about the other commonly held myths related to family law, click here.

Family Law Myth #2: "I bought it in 'my name' so it’s mine."

Here is another one of the "Top Ten Common Myths in Family Law." The entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/

Myth #2:
I bought it in “my name” so it’s mine.

Simply purchasing a car, house, boat or other real property under your name does not mean that you have 100% ownership.

Names are important in matters of financing a home or a vehicle, as they are usually the source of credit for such purchases. However, just because the property title reads: “Jane Smith,” it does not necessarily mean that Jane Smith owns it outright. If Jane was married to Joe when she purchased the item, Joe is potentially entitled to 50% of the ownership of that item. So don’t assume that names = ownership.

To read about the other commonly held myths related to family law, click here.

Family Law Myth #3: Delinquent Child Support is Cause for Loss of Access

Here is another one of the "Top Ten Common Myths in Family Law." The entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/

Myth #3
Because he’s not paying child support, I don’t have to let him see the kids.

Life is not fair. In a “fair” world, when Daddy is not paying child support, he should not get to see the children that he is not supporting. However, we do not live in a vigilante justice world. Only the judge gets to decide what ultimately should happen at visits.

Two wrongs do not a right make: you cannot disregard the Court’s orders for visitation simply because the child support account is two months or even two years delinquent. It does not make sense why a parent who says that they love and care for their children would not want to provide resources for the children, but you must follow the law and provide access even when the other parent is delinquent in child support payments.

To read about the other commonly held myths related to family law, click here.

Family Law Myth #4: Comparing Divorces

Here is another one of the "Top Ten Common Myths in Family Law." The entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/

Myth #4:
My friend got (fill in the blank)__________ in her divorce, so I want that too.

Every case is unique, with many facets and variations from the other so that you cannot compare apples and oranges. Results are different based on the judges, the parties, the experts, the children, the money (or lack thereof) and the attorneys. Just because your friend got spousal maintenance and had a factually similar situation does not necessarily mean that you will also be awarded spousal maintenance.

Even if you have the same attorney, you need to understand that theories of recovery and positive/negative facts about the parties play equal roles as legal advocacy in the Courtroom. Given the same factors but two different cases, a result may differ based on even the slightest change. Just be open. Don’t pre-judge and be realistic about your results.

To read about the other commonly held myths related to family law, click here.