Debunking 5 of the Most Common Child Custody Myths in Wilmington, NC

Myth 1: Mothers Always Get Custody of the Children

One of the most widespread myths in child custody cases is that mothers are automatically awarded custody of their children. This is simply not true. North Carolina courts prioritize the best interests of the child when making custody decisions, regardless of gender. Both mothers and fathers are treated equally under the law.

Family law judges in North Carolina consider various factors, such as the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s overall well-being. It is crucial for both parents to present a strong case, and a skilled Child Custody Attorney in Wilmington, NC can help ensure that your rights are protected.

Myth 2: Child Custody Decisions Are Based Solely on Who Has the Bigger Income

Another common misconception is that the parent with the higher income is more likely to win custody of the child. While financial stability can play a role in custody decisions, it is not the determining factor. Courts focus on the child’s emotional needs, the ability of each parent to provide for the child, and the overall environment that each parent can offer.

The child’s relationship with each parent, the willingness of each parent to support the other’s relationship with the child, and other aspects such as the child’s preference (if they are old enough) are also significant factors. If you are concerned about your financial situation in a custody battle, consulting with a Child Custody Law Firm in Wilmington, NC, like Allan Brandon Tise PLLC, can provide guidance on how to present your case most effectively.

Myth 3: Fathers Have No Chance of Gaining Custody

Many fathers believe that they have no chance of winning custody of their children, but this is far from the truth. While historically, mothers were more likely to be awarded custody, this has changed significantly in recent years. Courts are now more focused on providing a custody arrangement that ensures the child’s best interests are met, regardless of the parent’s gender.

Fatherhood has been increasingly recognized as vital in child development, and courts now understand that fathers can be just as capable and nurturing as mothers. If you are a father seeking custody, an experienced Child Custody Attorney in Wilmington, NC, can advocate for your parental rights and help you build a strong case.

Myth 4: Child Custody Is Always Decided in Court

Many people assume that child custody decisions are always made in court, but this is not necessarily the case. In fact, many custody cases are resolved through negotiation, mediation, or out-of-court settlements. Judges encourage parents to work together to come to an agreement that is in the best interest of the child.

If both parents can agree on custody arrangements, a judge will typically approve it, saving both time and money. However, if an agreement cannot be reached, then the case will go to trial, where a judge will make a final decision. A Child Custody Law Firm in Wilmington, NC, can assist you in exploring alternatives to litigation and help you understand all your options.

Myth 5: Once a Custody Order Is Made, It’s Final

Another myth that many parents believe is that a custody order is permanent and cannot be changed. In reality, custody arrangements can be modified if there is a significant change in circumstances. For example, if a parent relocates, remarries, or there are concerns regarding the child’s well-being, a modification request can be made.



It is important to understand that the process for modifying a custody order is not automatic. The parent seeking the modification must file a motion and provide convincing evidence that the change is in the best interest of the child. 

Protecting Your Parental Rights

Child custody is one of the most emotional and complex aspects of family law. Understanding the myths surrounding custody battles in Wilmington, NC, and knowing the facts can empower you to make informed decisions that protect your rights and your child’s well-being. If you are facing a custody battle, don’t face it alone.

Contact Allan Brandon Tise PLLC, a trusted Child Custody Law Firm in Wilmington, NC, to guide you through every step of the process. Call us today at 910-251-9614 or visit our contact page to schedule a consultation.