Children Should Have a Voice in Divorce | Teen Ink

Children Should Have a Voice in Divorce

April 29, 2019
By Avery-McDonnell BRONZE, Onalaska, Wisconsin
Avery-McDonnell BRONZE, Onalaska, Wisconsin
1 article 0 photos 0 comments

Children of divorced parents should be allowed to choose which parent they live with. Teenagers whose parents get divorced often have a lot of trouble dealing with the sudden change of divorce and feel like they can’t voice their opinions in the situation because “its their parents job to deal with it”, but it's very important for them to talk to their parents and explain what they want. Even in situations where the child feels comfortable sharing how they feel about the divorce, they often don't get the recognition they deserve when voicing their preferences on where or who they live with.


Many of the laws in place today aim to give a kid the easiest transition into having separated parents, but often miss the mark by not actually considering the kids preferences. In an informative article by Nelson, Krueger & Millenbach, Law Firm, it states that children usually don’t want to choose between their parents except for in situations that involve physical or mental abuse. If a child just doesn’t want to live with a parent, a judge will most likely not consider their wishes. The laws currently in place almost make it seem like unless a child is in a dangerous situation, they don't have the maturity level to make such a big decision. However, this tends to break a kid down and make them feel like their opinion doesn't matter, but their opinion should matter, just like anyone else's.


In an article by Madeleine Buttitta about why children are misunderstood, it explains that kids know a lot more than many adults lead on. They have opinions and ideas that deserve to be shared. Adults often don’t take into account a child's opinions because they feel like children haven’t experienced enough to understand what they’re talking about. Gaining the idea that “kids are people too” really pushes others to actually listen to a kid’s opinion. Since they are younger, they may be able to view something in a different light then an adult may see it. So treating a kid like they don't understand that there will be at least some kind of repercussion for a big decision, like choosing to live with one parent, isn't always right. Kids should be in a position where their opinion can matter when dealing with divorce and judges should be required to hear the kid’s opinion before making a decision.

 

Divorce is stressful for all people involved and sometimes going to court and having a judge look at all sides of the divorce to help come up with a compromise makes thing a lot less difficult to get through, but judges tend to not take into account the child's feelings. In an article by lawer Lee Rosen, it’s stated that there are laws in place which give a judge the power to consider a child's wishes as little or much as they want when dealing with a custody battle. Having a judge decide whether or not a child's opinion should be considered or not seems unfair considering that different judges are most likely going to have different opinions on the case. If one judge is going to be consider a child's wishes in one case and another judge decides not to listen to the child's wishes in another case, those two children are not getting the same treatment when they should be. Those two kids most likely want the same thing: to be heard. It's frustrating to have an opinion that you feel deserves to be heard shot down even before you can give it. Even the kid who’s lucky enough to have judge consider their opinion on the custody arrangements, the judge may not think their argument is logical.


When judges are dealing with a custody case, they have the option to bring in a child and ask them to express their opinions on case, but they then get to judge whether the child's reasons for wanting to live with a certain parent is logical or illogical. In an article by divorce attorney Erica Christian, it’s stated that there is no specific age in which a child can testify when dealing with a custody battle, but the older the child is, the more their opinion matters. A child who’s mature and has a logical reason for wanting to choose which parent they live with will have a much higher chance of being heard by a judge. Distinguishing what is logical or illogical  would be confusing to any kid especially when every judge will almost certainly have a different thought on one case. Many kids feel uncertain about asking about going to court to change their custody arrangements, because they’re uncertain if a judge would even consider their opinion as logical.


As a child of divorced parents, I know how horrible it is to feel the need to choose between my two parents. I love both my parents, but as I've gotten older, I’ve realized that the arrangements that my parents and I have don't work anymore. I have trouble getting along with my stepmom, my dads always working, and it's difficult driving back-and-forth between my parents’ houses. I know I've a had a hard time dealing with my parents divorce, but I don't feel comfortable going to court because I can't tell if my argument is logical. It's definitely a difficult situation to put a child in, but it's very important to know how your kid feels about it. No child of divorce should have to live with a fear of sharing their opinions just because they don't think anyone will listen to what they have to say.



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