Common Misconceptions About Child Support & Custody in New York
When it comes to child support and child custody in Brooklyn, Bensonhurst, and Gravesend, many parents are confused about their rights and responsibilities. Misinformation can lead to unnecessary conflicts, delays, and legal trouble.
One of the biggest misconceptions is that if a parent does not pay child support, they automatically lose their custody or visitation rights. That is simply not true. Child support and custody are separate legal issues, and courts always prioritize what is best for the child.
This article clears up some of the most common child support and custody myths so you can make informed decisions—and avoid costly mistakes.
Myth #1 – If a Parent Doesn’t Pay Child Support, They Lose Visitation Rights
Reality: Child support and custody are separate legal matters.
Many parents believe that if their ex stops paying child support, they can deny visitation or cut off contact. However, in New York, child support and visitation are legally independent of each other.
✔ A parent who owes child support still has the right to see their child.
✔ A parent who is denied visitation must still pay child support.
✔ Only a court order can modify custody or visitation.
📌 Important: If a parent is not paying child support, the correct legal action is to file for enforcement, not to block visitation. Our firm can help petition the court to enforce support payments while protecting your parental rights.
Myth #2 – Mothers Always Get Full Custody in New York
Reality: New York courts do not favor one parent over the other.
Many people assume that mothers always win custody battles, but this is outdated thinking. New York law is gender-neutral and focuses on the child’s best interests when determining custody.
✔ Fathers have equal rights to seek custody and visitation.
✔ Courts look at parental involvement, not just traditional roles.
✔ Shared custody is increasingly common when both parents are fit.
📌 Tip: If you’re a father worried about your custody rights, our firm will fight for a fair parenting arrangement that reflects your role in your child’s life.
Myth #3 – A Parent Can Refuse Visitation If Child Support Isn’t Paid
Reality: Denying court-ordered visitation can lead to legal consequences.
Some parents mistakenly believe that if their ex stops paying child support, they can legally block visitation. However, doing so violates the custody order and can result in legal penalties.
✔ If your ex owes child support, you should file an enforcement petition.
✔ If you deny visitation, you could face contempt of court charges.
✔ The court will not take kindly to parents who interfere with custody orders.
📌 Solution: Our firm can file enforcement petitions to recover child support without putting your custody rights at risk.
Myth #4 – Child Support Can Be Spent on Anything
Reality: Child support must be used for the child’s needs.
Many non-custodial parents assume their payments can be used for anything, but courts expect child support to be used for:
✔ Food, clothing, and daily necessities
✔ School expenses and extracurricular activities
✔ Medical care, insurance, and health-related costs
📌 Fact: While courts do not require detailed tracking of every dollar, they may step in if child support is clearly being misused.
Myth #5 – A Child Can Decide Which Parent to Live With at Any Age
Reality: A child’s preference is considered, but it is not the only factor.
Some parents believe that once a child reaches a certain age, they can choose which parent to live with. However, courts consider multiple factors when deciding custody:
✔ The child’s age, maturity, and reasoning for their preference
✔ Each parent’s ability to provide a stable home
✔ The child’s emotional and educational needs
✔ Any history of neglect or abuse
📌 Tip: If your child wants to live with you, we can present strong legal arguments to support their preference while ensuring that the case is in their best interest.
Myth #6 – You Don’t Need a Lawyer for Child Support or Custody Cases
Reality: An experienced attorney improves your chances of a favorable outcome.
Many parents believe they can handle child custody or support cases on their own. However, these cases often involve:
✔ Complicated legal procedures and court deadlines
✔ Highly emotional disputes that require legal protection
✔ Complex financial calculations for child support
📌 Hiring an attorney ensures that your case is handled properly and that you are not taken advantage of in negotiations or court hearings.
Need Help With Child Support or Custody? Call a Brooklyn Attorney Today
Whether you need to enforce child support payments, modify custody, or fight for fair visitation, our firm is here to help. We provide:
✔ Flat fees for uncontested child support and custody cases – No hidden costs.
✔ Competitive rates for complex cases – Affordable, aggressive representation.
✔ Fast, strategic legal support – We fight to get you goal driven results, as fast as possible.
📞 Call or email us today to schedule a consultation: 347-692-0222 | 7622LAW@gmail.com