Five Child Custody Myths Parents Should Stop Believing

Peter Samouris

Many Michigan parents enter child custody discussions feeling uncertain about their rights and what the court will consider. Misunderstandings—often based on outdated information or secondhand advice—can create unnecessary stress during an already difficult time. As a Michigan family law firm with extensive experience in child custody, divorce, and child support matters, we want to help clear up five common myths so you can approach the process with confidence.

Myth #1: Mothers Are Automatically Granted Custody

This idea persists, but it is no longer how Michigan family courts operate. Today, judges begin from a neutral position, evaluating both parents equally. Courts focus solely on the child’s best interests—not the gender of either parent.

Judges look at factors such as daily caregiving responsibilities, each parent’s emotional connection with the child, the stability of each home environment, and each parent’s ability to meet the child’s needs. In many cases, fathers receive joint or even primary custody. What matters most is the child’s wellbeing, safety, and stability—not outdated assumptions.

Myth #2: Children Get to Choose Which Parent They Live With

While a child’s preference can play a role in custody determinations, it is never the sole deciding factor. Michigan courts consider a child’s wishes only when they are mature enough to express a thoughtful preference—and even then, the preference is just one of many considerations. Of course, the older the child is, the more the court will take into account the child's preference (ages 13-17).

 

A guardian ad litem (GAL) may be appointed to help the court understand the child’s perspective without forcing them to take sides. The judge ultimately reviews all evidence to determine which arrangement best supports the child’s overall wellbeing.

Myth #3: Joint Custody Always Means a 50/50 Split

Many parents assume that “joint custody” means equal parenting time, but that is not always the case. Joint custody may refer to legal custody(decision-making authority), physical custody(where the child lives), or both.

A 50/50 schedule works for some families, but not all. Work hours, school schedules, distance between homes, and the child’s routine all influence how parenting time is structured. Courts focus on creating a schedule that provides consistency and stability for the child while allowing meaningful time with both parents.

Myth #4: Full Custody Eliminates Child Support

Custody and child support are separate legal issues. Even when one parent has primary or sole physical custody, the other parent may still be required to contribute financially. Support is calculated based on each parent’s income, childcare costs, and the child’s essential needs.

The goal of child support is to ensure that children receive financial support from both parents—not to reward or punish either party.

Myth #5: You Can Block Visitation If Child Support Isn’t Paid

It is a common—but harmful—misconception that one parent can deny parenting time if the other parent falls behind on support payments. In Michigan, parenting time and child support are treated as separate matters. Withholding visitation can violate a court order and may negatively impact your own custody case.

If support isn’t being paid, the correct approach is to seek enforcement through the court, which may involve wage garnishment or other remedies. Children should not lose time with a parent because of financial disagreements.

Need Guidance on a Michigan Child Custody Matter?

Whether you’re seeking to modify an existing custody order or need help establishing a new arrangement, the support of an experienced Michigan family law attorney can make the process clearer and less stressful.

At Samouris Law Firm, we provide strategic, one-on-one guidance for parents navigating child custody, child support, and divorce proceedings throughout East Lansing, Lansing, Ann Arbor, Detroit, Grand Rapids and all across Michigan.

You don’t have to navigate these decisions alone. Contact us to discuss your situation and determine the best steps for protecting your rights and supporting your child’s future.