When people begin thinking about divorce, they often start searching the internet for information on the process. Unfortunately, there is a lot of inaccurate information online. Even worse, some people make divorce decisions based on this misinformation.
At The Peck Law Firm, we work regularly with people just like you who are considering divorce. The only way to empower our clients is to provide accurate information so they can make sensible decisions that work for them. Below, we bust some of the most persistent divorce myths.
Myth: The Mother Always Gets Custody of Young Children
This might have been true at one time. It is no longer true in South Carolina. Instead, a judge will award physical custody after looking at certain factors, such as who has taken care of the child up to that point.
Now, it may be true that in more than 50% of cases mothers end up with physical custody of young children. But that’s not some rule that is carved in stone. Instead, it might be that most young children are cared for by their mothers.
Myth: Custody is Divided 50/50 in Most Cases
Not really. For one thing, a perfect 50/50 split is almost impossible. Minor children usually go to school. And parents don’t live close enough for the children to easily travel from each parent’s house to school. If you move 2 hours away, your children can’t live with you 3 or 4 days out of the week.
Most parenting plans call for an uneven allocation of time, with one parent getting more time than the other. We can try to even things up as much as possible, but a perfect split is not feasible.
Myth: You Can Give up Your Parental Rights to Avoid Paying Child Support
This myth will not die! Many parents think they can just stop paying child support if they don’t want to see their child. Actually, you are required to financially support your child if a judge orders it.
Giving up parental rights is very difficult in South Carolina. You can usually voluntarily give up your parental rights only when there is another adult waiting to adopt your child, like a person who married your ex.
Myth: Your Child Decides Which Parent to Live With
This is partially true. Your child will have some say in the process. A judge will consider your child’s preferences depending on the child’s age, maturity, and experience. The older a child, the more weight a judge will give their wishes. But it’s not true that your child’s opinion is the only thing that matters.
Myth: You Can Waive Child Support in a Marital Agreement
False. The right to support belongs to your child—not the parents. Consequently, the parents can’t waive it. Further, South Carolina doesn’t want children ending up on public assistance, so parents can expect to pay to support their children. Any provision in a pre- or post-marital agreement trying to waive child support is invalid.
Get the Facts!
The Peck Law Firm can meet to answer any questions you have in a consultation. Never approach divorce while flying blind. Let us guide you and obtain the divorce you have always wanted by contacting us today.