THE FOUNDATION OF CHILDREN’S RIGHTS FOR PARENTAL CARE

The relationships between children and their parents and families should be continued after divorce or separation if it is in the best interest of the children. Custody determinations and visitation arrangements effects the RIGHTS OF CHILDREN. Custody and visitation for children must be made with considerations of THEIR RIGHTS OF BEST INTEREST FOR THEM – Not the parents, not the attorneys, and not the judge.

Judges must determine custody and visitation in accordance with “the child’s best interests”. These are the child’s RIGHTS – and they are VIOLATED. Understanding the legal rights of children and ensuring these rights are upheld in courts by judges can save children from a lifetime of pain. When parents, attorneys, and judges do not ensure their rights, the cost to children is devastating.

Children’s custody is not always about PROTECTING THEIR RIGHTS, but about the parent or the attorney winning, or the judge not ensuring their rights or not caring. This is harming children right now and everyone who cares about children should be involved or get involved in PROTECTING CHILDREN’S CONSTITUTIONAL RIGHTS and improving the lives of children.

The best interests of a child are defined by statute by these factors:

• The age, health and any special needs of the child
• Who has been the primary caregiver
• The health of the parents
• The ability of each parent to accurately perceive, assess and meet the needs of the child
• The willingness of each parent to promote a positive relationship between the child and the other parent
• The willingness of each parent to promote the child’s relationship with extended family
• Any history of family abuse

Children's lives should not be devastated with separation of both a parent and parts of their emotional and physical care and support. Separation of family will cause suffering and pain. We can attempt to minimize this for children by at least protecting their rights.

   

Parents should encourage the relationships between children and the extended family and others associated with their children, if such visitation is healthy and good for the children. Extended family should not lose the opportunity to visit relatives they love - courts must address visitation rights or custody for extended family - "in the best interest of the child".

 

Often children lose the opportunity to have a relationship with grandparents and other relatives they love. Custody and visitation for children should address considerations for extended family members, and be determined between the families more than between the individual parents. It should consider family, grandparents, aunts and uncles, the children's friends, and all people including churches and organizations involved with raising and caring for the children.

 

The courts want "best interest" parenting decisions to be made by parents, but this is not always possible. This becomes the driving force behind the litigation. 

 

Physical custody and visitation litigation should avoid making children the pawns. Child psychologists in this field agree that prolonged exposure of children to parental conflict and parental alienation can be every bit as damaging to their development as physical and even sexual abuse.

 

Some parents use the courts to assist them in abusing children with false protection orders claiming unfounded fear as motive to prevent visitation or custody – preventing one parent’s involvement in school and extracurricular activities. Other vindictive behaviors like unnecessary CASA intervention are used to hurt children and decrease visitation. Abuse of process and malicious prosecution are too common in litigious actions involving children. Violation of court orders by residential parents can occur and have little consequence to that parent. Legitimate concerns about the educational and living environment of children by one parent are sometimes ignored.

 

Unfortunately, financial incentives drive too many of the participants in the "child as pawns" game the systems play in custody, visitation, and adoption. Legal fees take away from the resources that could be available for the children. Attorneys make money extracted from the families. Employees are paid with money taken from children, parents and taxpayers.

 

Custody and visitation for children is many times consumed with emotions and ill behavior. Children experience this with hurt and uncertainty. For many cases this can simply be a disagreement about what is best for the child – but we can not leave children’s rights to chance.