Many child advocates are concerned about the many children being emotionally and psychologically damaged because of divorce these days, which is why many are calling for the adoption of one of the many versions of a child's bill of rights circulating today. The momentum to standardize such a bill of rights is growing, but until such a document is adopted by state or national authorities, parents and courts should consider adhering to one such document during any divorce proceeding in which they are involved.
Child’s Bill of Rights
There are a number of these documents that have already been adopted by state governments in this country. The power of law behind these documents varies, but most provide at least an awareness of the needs of children within the stresses of divorce. Parents should consider adopting such a document as they negotiate a divorce settlement in order to insure they will not ignore the needs of their children in their efforts to provide for their own futures.
Some of the articles common to a child’s bill of rights no matter where it is found may include:
- Parents and courts will always take the child’s bests interests into account in a divorce or custody decision
- A child’s wishes should be taken into consideration by all parties, although an adult view of the child’s best interests should generally prevail
- If a court determines that neither parent is considering the best interests of the child, they will appoint a guardian ad litem to ensure those interests are protected
- Both parents will allow the child to love and be loved by the other parent
- Neither parent will use the child as a pawn in their negotiations
- Neither parent will attempt to damage or destroy the child’s relationship with the other
- Neither parent will emotionally, psychologically, or physically abuse the child in any way
Children’s Rights in Divorce
For years, states have established the best interests of the child as the first priority in custody, visitation, and child support agreements. While that provides a great deal of protection for a child of divorce, people are beginning to realize that children have rights that should be honored in the divorce proceeding itself. When there are guidelines such as a Children’s Bill of Rights in effect in a court, city, state, or the nation, children may either receive the protection they deserve from their parents or the court will provide it by appointing a guardian ad litem to legally guarantee the best interests of the child throughout the divorce.
Getting Legal Help with Children’s Rights in Divorce
In many divorces, parents either can totally or substantially reach a settlement without conflict and rancor. Those situations provide the least damage to a child of divorce. However, when a divorce is contentious and includes angry conflict, a parent should consider enlisting a child custody attorney to help. They can either become a guardian ad litem for the child, or locate one that will work well within the current divorce proceeding to make sure the child is protected during that difficult process.
