Understanding Your Children’s Rights During a Divorce

Understanding Your Children’s Rights During a Divorce

The decision to get divorced is often a difficult one. While it is likely the best thing for your relationship, it can be increasingly upsetting when there are children involved. As a parent, you are responsible for not only their physical well-being but also their mental and emotional needs. While you are proceeding with the legal aspects, you might be wondering what the legal rights of children are during a divorce. Although these are not specifically outlined in the law, here are some things to keep in mind for the best interest of your child.

The Right to Express Their Feelings

Your child might be angry upon learning the news of you and your spouse separating. Alternatively, they may show no emotion at all. It is important that you create a space that allows them to ask questions and demonstrate their feelings without the fear of judgment or repercussion. If you are struggling with how to speak to them about the divorce, this overview guide may help.

The Right to a Relationship with Both Parents

While this might not always be the case, many families try to work together to ensure a child has a relationship with both parents. Whether you have decided on parental care through a family mediator, your lawyers, or within the court, it should be a situation that works best for you and your child. Feeling connected to their family will be an important aspect of their processing of what has happened. 

The Right to be a Child

At the end of the day, your child just wants to be a kid. Their lives should continue to be carefree and easy-going, getting to do things that make them happy. This also means that as a parent, you should avoid speaking poorly about your ex-partner, or making them a messenger when they spend time with their other parent.

The Right to a Stable Environment

Stability will help to reassure your child that everything is going to be okay. Ensure they continue to do the things they love, like dance or karate, so that they feel a sense of normalcy, belonging, and comfort. Protect sibling relationships if they are not the only child, and try to make yourself more available during the transition so all your children can feel supported.

Legal rights for children during a divorce are not outlined on paper. Rather, as a parent, you should focus on respecting important areas of their lives so that they can heal and understand that this a divorce is not necessarily a bad thing. Working with experienced divorce lawyers, like our very own legal professionals here at Zuber Brioux, can help these kinds of proceedings move more smoothly and effectively. Contact us to learn more about our services.