5 Child Custody Myths Parents Often Hear—And the Truth Behind Them
Navigating a child custody situation can feel confusing, especially when friends, family members, or the internet offer conflicting advice. With so many misconceptions floating around, it’s easy...
"People don’t call me when life is easy. They call when they need answers they can trust—and that’s what I deliver."
– Daniel Clanton
Daniel Clanton
Family Law Attorney
Daniel Clanton has spent more than a decade helping individuals and families in Texas navigate some of the hardest moments of their lives. Focused entirely on family law, he brings sharp legal insight and down-to-earth communication to every case.
Daniel understands that legal issues aren’t just paperwork—they’re personal. That’s why he gives clients the clarity they need to make smart decisions and the advocacy they deserve to protect what matters most.
Credentials & Highlights:
- Dedicated to efficient, resolution-focused representation
- Proud Southlake-based solo practitioner
- Licensed in Texas
- Recognized by Super Lawyers and AVVO
Navigating a child custody situation can feel confusing, especially when friends, family members, or the internet offer conflicting advice. With so many misconceptions floating around, it’s easy for parents to feel overwhelmed or worried about what might happen next.
Many of the misunderstandings surrounding custody come from outdated beliefs or assumptions about how courts make decisions. To help clear things up, we’re breaking down five of the most common myths about child custody and what the law actually focuses on when determining what’s best for a child.
Myth #1: Courts Always Favor Mothers
One of the most widely repeated myths is that mothers automatically receive custody. Although this may have been more typical decades ago, that is no longer how custody cases are handled today.
Modern courts start from the standpoint that both parents should be evaluated equally. Instead of relying on old stereotypes, judges examine what arrangement will truly serve the child’s best interest. They look at who has been providing day‑to‑day care, the strength of the child’s relationship with each parent, the stability of each home environment, and how work responsibilities might affect parenting time.
In many families, fathers are just as hands‑on as mothers, and courts recognize that. As a result, dads often receive joint or even primary custody when the circumstances support it. Ultimately, the goal is to ensure the child is well cared for, supported, and safe—no matter which parent is providing the care.
Myth #2: Children Can Choose Which Parent They Live With
Another common belief is that once a child reaches a certain age, their preference automatically determines custody. While a child’s opinion is something courts may take into account, it is only one piece of the overall decision.
Judges may listen more closely to a child who is older or shows maturity, but they also want to understand the reasons behind the preference. A request rooted in wanting fewer rules or more freedom won’t have as much weight as a thoughtful explanation, such as wanting to remain in the same school district or maintain existing friendships.
In many situations, a guardian ad litem (GAL) may be appointed. This person speaks with the child, gathers information, and reports their observations to the court. The goal is to ensure the child’s voice is heard without putting them in a stressful position. Still, at the end of the day, the judge considers all factors—not just the child’s preference—to determine what living arrangement is in the child’s best interest.
Myth #3: Joint Custody Means a 50/50 Time Split
The phrase “joint custody” often leads to confusion. Many parents think it means the child will spend exactly half their time with each parent, but joint custody does not automatically translate to an equal division of time.
Custody can be broken into two main categories. Legal custody involves who makes major decisions for the child. Physical custody refers to where the child lives. Parents may share legal custody equally even when the child spends more time with one parent.
Parenting time must fit the child’s needs and the family’s circumstances. School schedules, commute times, each parent’s work hours, and how far apart parents live can all impact what schedule is realistic. Judges don’t require a perfect 50/50 arrangement. Instead, they aim for a schedule that helps the child have stability, consistency, and a strong relationship with both parents.
Myth #4: Child Support Stops When One Parent Has Full Custody
Some parents believe that having full custody eliminates child support responsibilities. However, custody and child support are separate issues, and one does not automatically cancel out the other.
Child support exists to ensure the child’s needs are met through contributions from both parents. Courts look at income levels, housing costs, medical needs, childcare expenses, school costs, and other essentials when determining support.
Even if one parent has the child most of the time, the other parent may still be financially responsible for helping cover the child’s expenses. Child support is not a reward or punishment. It is simply a way to make sure the child’s lifestyle and basic needs remain stable.
Myth #5: You Can Withhold Visitation If Child Support Isn’t Being Paid
This is one of the most damaging misconceptions. Even if the other parent falls behind on child support, you cannot legally refuse their court‑ordered visitation time.
Courts view visitation and child support as two entirely separate matters. If a parent stops paying, the correct approach is to return to court or contact the appropriate agency—not to cut off their time with the child.
States have several tools for enforcing unpaid support, such as wage garnishment, fines, or license suspensions. But they do not support the idea of reducing a child’s time with a parent as a form of punishment. In fact, withholding visitation can reflect poorly on the parent who does so, as it may be seen as violating a court order.
Working through the legal system is always the safest and most effective way to protect your rights and your child’s well‑being.
Need Support Navigating a Custody Matter?
If you’re considering requesting a new custody arrangement or you feel your current one isn’t meeting your family’s needs, it’s important to speak with someone who understands the legal process. You don’t have to face these decisions on your own.
Reach out today to discuss your options. Getting knowledgeable guidance can help you feel more confident and supported as you take the next step for yourself and your child.