Despite minor variations in the laws from state to state, the rights possessed by kids in divorce proceedings largely are the same, according to the American Bar Association Section of Family Law. These specific rights are outlined in family law statutes, which you can access through the website maintained by the legislature in your state.
Considerations
Issues that arise in divorce on the subjects of custody, visitation and child support all directly impact the lives of children, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Decisions by a court in regard to these issues must be made following the best interests of the children standard. The rights of the parents and any other influences take a back seat to protecting the children's rights associated with these issues through the best interests standard.
Legal Representation
Another of the rights kids possess in divorce cases is to obtain their own legal representation, independent of any attorneys retained by their parents. The laws of all states grant a judge authority to appoint an attorney to represent the interests of a child in divorce proceedings as necessary to protect her rights. The attorney appointed to fill such a position legally is known as a guardian ad litem.
Recommendations
The laws of most states permit children the right to make recommendations regarding custody and visitation. Some statutes establish a specific age at which children are permitted to make their feelings known on custody and visitation issues. Other states use a vaguer standard that allows children to express their wishes regarding custody and visitation once achieving a level of maturity sufficient to permit them to make informed decisions.
Time Frame
The rights of kids in divorce proceedings arise as soon as a marriage dissolution case is filed. These rights continue throughout the divorce proceedings. In addition, they extend until they reach the age of at least 18. There are instances when kids' rights extend beyond 18 if they remain in high school during the year following their 18th birthdays.
Misconceptions
The most common misconception associated with kids' rights in divorce proceedings is that these interests are protected only by parents. The fact is that the interests of parents may conflict with the rights of children. Therefore, judges are required to pay special attention to ensure that the rights of children remain protected throughout and after divorce proceedings.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- The 'Lectric Law Library: Family Law
