By: Valerie E. Anias, Esq.<\/p>\n
You and the other parent have a child together.\u00a0 You separate or break up but never file any court action.\u00a0 What are your rights? What about the other parent?\u00a0 What many people don\u2019t know is that in the absence of a court order both<\/u> parents have an equal right to legal custody<\/a> and physical custody of their minor child.\u00a0 On this week\u2019s #FamilyFriday article the attorneys of ERA Law Group, LLC want to help clear up some common misconceptions.<\/p>\n MISCONCEPTION #1:\u00a0 The children always stay with mom.<\/strong>\u00a0 While this is the most common situation and arrangement, this is certainly not the \u201conly\u201d arrangement.\u00a0 Fathers have a 100% equal right to be the primary custodial parent just like mothers.<\/p>\n MISCONCEPTION #2:\u00a0 Fathers have less rights.\u00a0 <\/strong>Not true.\u00a0 Fathers and mothers have equal rights with regard to their children.\u00a0 Both relationships are important.<\/p>\n MISCONCEPTION #3:\u00a0 We share expenses.\u00a0 I don\u2019t have to pay child support.<\/strong>\u00a0 Just because you and the other parent can amicably split the child\u2019s daycare costs, for example, does not negate the award of child support<\/a>.\u00a0 You and the other parent may have an agreement that works but if that agreement doesn\u2019t work and if a parent decided to file an action for child support it is likely that child support would be ordered.<\/p>\n MISCONCEPTION #4:\u00a0 Visitation means \u201cevery other weekend.\u201d\u00a0 <\/strong>Not necessarily.\u00a0 Especially so if you don\u2019t have school aged children.\u00a0 More often we are seeing alternative schedules providing both parents with nearly equal time.\u00a0 Living separate does not necessarily mean you spend less or more time with your child than the other parent.<\/p>\n MISCONCEPTION #5: \u00a0We get along great!\u00a0 We don\u2019t need a written agreement or Court Order.\u00a0 <\/strong>Perhaps you and the other parent do work well together.\u00a0 But what happens if that stops?\u00a0 The purpose of a Court Order or an agreement, is to settle disputes that have occurred and to prevent future disputes from arising.\u00a0 You and the other parent may get along now but what if there\u2019s a dispute later about where to send the child to school?\u00a0 How to pay for extracurriculars?\u00a0 How to have an access schedule when one parent lives 50 miles away?\u00a0 Having a written agreement or Court Order can prevent some of these issues from ruining the amicable arrangement you have now.<\/p>\n