Five Custody Myths

By Attorney Gregg Herman
June 10, 2014

Today’s Huffington Post has an article entitled “Five Custody Myths Separating Parents Need to Know.” I agree with four out of the five, which is a pretty good percentage.

The author is correct that the following are myths:

• Mothers always win. In fact, it is far more common today in my practice to see equal placement than any other arrangement.
•Taking antidepressants will hurt your case. As long as it is a prescribed medication and the parent is taking the prescribed dosage, this is not a negative. After all, if you are not depressed – at least to some degree – about a divorce, what would depress you?
•It’s better to fight for my kids than give an inch. This is one of biggest mistakes parents make. This is not a gladiator contest and compromise should be the name of the game – not drawing lines in the sand.

•If the other parent doesn’t pay child support, I can withhold the children. Among other reasons, the law prohibits this.

The one I disagree with (in most cases) is: We get along great, we do not need a schedule. In real life, schedules are made to be broken. So, if the parties really do get along and can show some flexibility, a schedule is really not necessary.

Of course, the key phrase is “…get along great.” If the parties really get along that great, why did they get divorced? So, while that does happen, it’s not the typical case. In which event, the author is five for five.

Attorney Gregg Herman is a founding partner of Loeb & Herman S.C. in Milwaukee, WI. He practices family law exclusively, and can be reached via e-mail or by calling (414) 272-5632.