A great deal of attention is focused on the rights of spouses in divorce proceedings. However, children born during the marriage possess a unique set of rights of their own, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The task of a judge in a marriage dissolution proceeding include protecting the rights of children.
Types
The types of rights afforded children in divorce cases include orders from the court that protect their health, safety and overall welfare. Depending on the specific state laws, as well as the age or maturity of the minors, children sometimes possess the right to provide input to the court regarding custody matters, specifically who they live with at the end of divorce proceedings.
Standard
The rights of children in divorce proceedings arise from the standard used by a court in making decisions regarding them. All state laws utilize the best interests of the child standard in dealing with issues the directly impact children, including child custody and visitation or parenting time, according to Cornell University Law School.
Time Frame
The rights of children in divorce cases come into existence the moment a petition to terminate a marriage is filed with the court. The rights carry forth throughout the entire course of the court proceedings. Additionally, under various state laws, the court maintains authority to enforce these rights of children until they reach adulthood.
Misconceptions
One of the most common misconceptions associated with the rights of children in divorce cases is the belief that minors maintain no rights independent of their parents. While most parents believe they take positions that represent the best interests of their children, due to the emotions associated with terminating a marriage, certain strategies do not always benefit minors.
Expert Assistance
If a child's interests run counter to the positions of parents in a divorce case, or if the divorce is significantly contentious, the court can appoint a special attorney to represent the rights of the child. Such an attorney legally is known as a guardian ad litem, and serves to advance the unique rights and interests of a child in divorce proceedings, according to the American Bar Association Section of Family Law.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
- American Bar Association: Section of Family Law
