5 Child Custody Myths You’ve Probably Heard—And What’s Actually True

Working through a child custody matter can feel overwhelming—especially when well‑meaning friends, family, or internet sources share advice that isn’t accurate. For parents across Brevard County, Central Florida, and the surrounding communities, understanding how Florida custody law actually works can make the process far less stressful.

As a Florida family law attorney, Kathleen Davies helps parents cut through confusion and build custody solutions that truly support their children. Below, we break down five of the most common myths and clarify what Florida courts really consider when determining parenting time, custody arrangements, and parental responsibility.

Myth #1: Mothers Automatically Receive Custody

One of the biggest misconceptions in Florida child custody cases is that courts always side with the mother. While this belief may have been more common decades ago, it is not how custody is determined today.

Florida courts evaluate both parents equally and focus solely on the best interests of the child. Judges consider each parent’s involvement in daily care, the stability of each home, the strength of each parent‑child relationship, and each parent’s ability to provide a safe, nurturing environment.

Fathers frequently receive shared—or even primary—custody when they are actively involved and able to meet their child’s needs. Courts prioritize stability and well‑being, not gender.

Myth #2: Children Can Choose Which Parent They Live With

Many parents believe that once a child reaches a certain age, they can choose their primary parent. In Florida, a child’s preference may be considered—but it is never the only factor.

Judges may consider the wishes of a mature child, but they also evaluate the reasons behind the child’s choice. Preferences based on wanting fewer rules or more freedom are unlikely to influence the outcome.

In some cases, a guardian ad litem (GAL) is appointed to speak with the child privately and share insight with the court. Even then, the final decision rests with the judge, who must weigh all factors under Florida’s custody laws.

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

Many people assume “joint custody” automatically means equal time. In reality, joint custody typically refers to shared parental responsibility, meaning both parents participate in major decisions about the child’s life.

Physical custody (time-sharing) can vary significantly based on work schedules, school routines, travel distances, and the child’s need for consistency. Florida courts do not require a 50/50 schedule. Instead, they aim to create a parenting plan that fits your family’s needs and supports the child’s daily routine.

Myth #4: Having Full Custody Means Child Support Stops

Custody and child support are completely separate legal issues in Florida. Even when a parent has majority or full custody, the other parent may still be required to pay Florida child support based on income, childcare costs, healthcare expenses, and the child’s everyday needs.

Child support is not a reward or punishment for either parent—it exists to ensure the child receives consistent financial support from both parents.

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

This is one of the most harmful misconceptions. If a parent falls behind on child support, the other parent cannot legally withhold visitation.

In Florida, parenting time and child support are separate court orders. One cannot be used as leverage for the other. If support isn’t being paid, the correct response is to file a motion for enforcement, not deny visitation. Refusing time-sharing can actually hurt your own custody standing.

Need Help Navigating a Florida Custody Issue?

If you’re facing a custody dispute, need a parenting plan modification, or want guidance on child support, The Davies Law Firm is here to help. As a trusted Brevard County family law attorney, Kathleen Davies provides compassionate, experienced representation in even the most complex custody matters.

You deserve clarity, stability, and a plan that protects your child’s future. Reach out today to schedule a consultation and get the support you need to move forward with confidence.