Children’s Rights In Divorce

Children’s Rights in A Divorce:

If you’re a kid reading this right now either your parents are currently going through a divorce, you think they might have a divorce, or your helping out a friend, or perhaps you’re a parent. Regardless, you’re here because you want to know what the legal rights of a child are during or after a divorce.

Child’s Rights: Divorce & Custody

Children’s rights in a divorce will never be overlooked by either parent, or either of the parents attorneys. The judge or the court will not allow it. While marriage is and the dissolution of marriage tends to be between adults, children can be those most impacted. Child’s rights before divorce, child’s rights during divorce, child’s rights after divorce are all very important and highly protected by the courts. Courts usually however, give children, generally 12 and up the ability to make it certain decisions when it comes to custody rights. Younger children may also have some weight depending on the court or on the judge. Rest assured however, the court will side with what they think is in the best interest of the children when it comes to custody, child support, and visitation rights. Child’s rights after divorce are also highly important. Many states have also created a enumerated rights specifically for children of a divorce. In addition, to this each child in a divorce proceeding has the following rights, any of which if violated can lead to repercussions for the violating party:

  • Right to maintain a relationship with each parent.
  • Right to spend time with each parent
  • Right to have possessions at each parents place of residence
  • Right to have a room at each parents place of residence
  • Right to be safe in the care of each parent.
  • Right to not take sides
  • Right not inform the court or lawyers of any questions, misgivings, worries
  • Right to ask for counseling if necessary
  • Right to ask the court to petition the school for a few days off after or during court proceedings
  • Right to be free from making parental decisions/ custody decisions/ visitation decisions
  • Right to be provided for by each parent without interference from the other parent.
  • Right to be financially supported by either parent
  • Right to be protected from people under the influence of illegal drugs, paraphernalia, alcohol, abuse, cigarette smoke, and any other crimes.
  • Right to maintain relationships with adults and family members if they so choose, (grandparents, cousins, aunts and uncles, etc.)
  • Right to tell either parent any health or legal matters associated with themselves

The above rights do not encompass all the children’s rights in a divorce, but simply a few. Depending on the divorce guidelines, the court, the jurisdiction,  and the state, the child may have more or less rights. It’s important to talk to the court or lawyers to determine all the rights a child has, and as the child grows the child will likely gain more rights. Regardless, children’s rights will never be abrogated as long as the court abides by the proper guidelines and regulations provided by the state.

  • If you want information on how to file a divorce check out our article here on steps for filing a divorce.
  • If you want information or would like to help your children learn about divorce we have an article for that too here.
  • If you’re looking about information for a separation agreement we got you covered, this article we made explains it.
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