What Are the Children’s Rights During a Divorce Process
Divorces happen to a lot of families, and they can still affect a child’s physical, emotional, and mental health. Although the children are not directly involved in the divorce lawsuit, their preferences, interests, and needs are still prioritized by law, even more than what their parents might prefer—especially if the children are not yet of legal age.
Children also have their rights, especially during divorce processes. After all, they are entitled to the protection that they need. Here are some of their rights in divorce proceedings in the State of Louisiana:
Rights During Custody Decisions
Article 134 of the Louisiana Civil code states that “the court shall consider all relevant factors in determining the best interest of the child, including the reasonable preference of the child if the court deems the child to be of sufficient age to express a preference.” This means that a child at least 12 years old can give their opinions regarding their custody.
However, for the children’s protection, they are not asked to testify in court. Instead, the judge can ask to schedule an interview with them without their parents. Depending on the court’s decision, the lawyers may or may not be allowed to watch during this interview.
The court’s decision regarding the child’s custody will be based on the logical reasoning that explained the child’s preference and not through the emotional feeling of the child. The judge will also be wary about the possible manipulation of both parents regarding the child’s decisions and opinions. Moreover, the judge will see if the child’s preference is connected to who can give the best life to the child, whether financially, emotionally, and more.
Children’s Basic Rights
Children have their own list of important rights during their parent’s divorce. Their rights include that children should not be told to “choose sides” between their parents and have protection from their parent’s conflict with each other. This also gives them the right to have their own relationship with their parents without feeling guilty about it.
These rights give them protection from their parents’ arguments and from being treated like possessions, messengers, or figures of negotiation by their parents and guardians. Most importantly, they are given the right to remain a child and maintain their own life and childhood outside the divorce.
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Right of Love and Security
During the divorce process, the children might need extra care, love, and protection from their parents. This might become a very traumatic experience because they may have seen how their parents treated each other before separating. It’s important that they are raised and guided in a stable and loving environment.
Even if the parents are in the process of separation, they are obliged to provide children a loving and happy environment, without any hint of their parent’s divorce and custody issues. The child should feel secure and loved, especially during the whole process.
The Bottom Line
Children’s rights are very important when parents are divorcing. The court is responsible for making sure that the child is given a custody arrangement that is appropriate for their needs and preferences. Despite the chaos from the divorce lawsuit, the children should still feel loved and secured.
During a divorce process, it’s important to consult a good family or divorce lawyer. Christopher M. Stahl is the best divorce lawyer in Louisiana, specializing in family law, criminal defense, expungements, wills and successions, personal injury, and civil disputes. Request a consultation today!
The Law Offices of Christopher M Stahl offers you the services of the best divorce lawyer in Shreveport, LA. Contact us today to request a consultation!
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