Myths can be dangerous. Many of them are so common that well-intentioned friends and family members may pass them to you as fact. The risk of these myths is that if you hear, for example, that men do not get custody of their children, you may be significantly less inclined to fight for custody.
The Truth About Spousal Support
There are those that believe in old stereotypes in which the father is the primary earner, and the mother works in the home. This leads to the misconception that men pay alimony after a divorce.
And although they may, it is not guaranteed. Texas courts will only issue spousal support in a limited set of circumstances. For example, your marriage had to have lasted ten years for one spouse to be eligible to receive maintenance. And even then, that person’s attorney would have to argue that the assets the spouse receives are insufficient and warrant additional spousal maintenance (money).
An exception to the 10-year rule is if one person (man or woman) was convicted of family violence within two years of the divorce petition.
Women Get Custody Of The Children
Although this idea is not accurate, it is based on a law that did exist. Decades ago, it was assumed that a child being separated from their mother was never in the child’s best interest. If the court has to decide custody, gender will not factor into their decision—it can’t.
The court makes decisions on what is in the child’s best interests. To take that a bit further, it looks at each parent’s ability to care for the child, their ability to maintain a family relationship, and their overall fitness as a parent.
The Child Can Choose To Live With The Father
Like the example above, this one is rooted in some truth—but it is usually misunderstood. You may have heard that when a child reaches a certain age, they can legally choose which parent they want to live with. Many will say the age is 12.
Only when the child turns 18 can they truly make that decision. However, when they reach the age of 12, a parent can ask that their child be interviewed by a judge. Though the judge listens to what the child has to say, the judge is not bound by the child’s request. Ultimately, the judge has to determine what’s in the child’s best interest.
Fraser, Wilson, & Bryan, P.C.
Since 2004, Fraser, Willson, & Bryan have been helping clients navigate the complexities of family law. When you choose to work with us, you receive zealous representation that won’t compromise your future relationship with your co-parent or former spouse. Contact us today to schedule your free consultation.
