Divorce is always a difficult and disruptive event in the lives of all family members involved but teenage children affected by divorce often have special concerns that may, or may not, be honored by the court during a dissolution proceeding. Although few states assign any "rights" to underage children, more states and Family Courts are recognizing that teens indeed have legitimate issues and needs.
Few Statutory Rights
The fact is, like grandparents, teenage children caught up in a divorce, have limited "rights" under most state laws dealing with divorce. Although courts always have an interest in adjudicating a fair divorce settlement, and have a statutory obligation to protect the minor children of a marriage, teens themselves have few concrete "rights" to speak of--at least few on the law books.
Other Avenues
Although teens have few legal rights during a divorce, courts have become increasingly sensitive toward the implied rights or legitimate interests that mature teens may have. One way that a judge may address these rights is through court-ordered family and parenting mediation. During mediation sessions, teens often have the right to express their feelings to the mediation expert, sometimes in private, and these concerns can become part of the final recommendation to the court.
Custody Issues
One of the areas on which teens most often want to express their opinion is the issue of custody---which parent they want to legally live with. Teens can tell the mediation counselor how they feel. In some cases, they can even speak directly to the judge about their preference. Although the court has no obligation to grant the minor's wish, courts usually afford teens the privilege to speak for themselves under certain circumstances. In some cases, judges will indeed grant teens their request if the request makes sense and is in the best interest of the teenager.
Personal Comfort
Teens can also often have a say in which parental home they live, and visitation arrangements, based on their comfort levels with the custodial parent. In cases of domestic violence, for example, a teen may be allowed to tell the court---directly or through the mediator or a caseworker---that they are fearful living full time with a parent who may be prone to violence. In many cases, judges will to give weight to these kinds of requests.
Effect on Schooling
If the divorcing parents intend to establish new homes far apart from each other, teens can find their current school arrangements are threatened. A teen may object to a plan to be moved to her mother's new home in a different school district, for example. Teens with these kinds of issues should speak to the mediation counselor and explain why this would be injurious to their education. In many cases mediators, caseworkers and judges will respond to such information---if it is compelling.
Access to Grandparents
One implied right that most judges respect in regards to teenagers is unfettered access to both sets of grandparents. In some cases, grandparents can be afforded special rights for visitation by the judge but there is no reason a teen cannot make this specific request on her own behalf as well.
Vacation Visitations
When teenaged children are involved in a divorce, the court will often ask mediators to help construct a reasonable way to handle summer vacation visitations when the parents intend to live in separate states after the dissolution. Teens sometimes have legitimate objections to being forced to spend an entire summer away from their community, especially when important school extracurricular activities, such as sports or band camp, are at risk. Teens should speak to the mediator, or the judge directly, about their concerns.
References
- "Tug of War: A Judge's Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court"; Harvey Brownstone; Jan. 1, 2009
- "The Rights of Children in Separation and Divorce: The Essential Handbook for Parents"; Robert C. Prall; May 2000
- "Teen Rights (and Responsibilities), 2E"; Truly; Aug. 1, 2005
