Children's Rights
One of the most difficult challenges of a divorce that involves children is making sure that they are protected and shielded from all the conflict that can sometimes make this process so difficult. Major child-related issues such as child custody, and child relocation can cause rifts between a divorcing couple. However, they can also cause long-term emotional damage to children. As a result, it is important for each party going through a divorce to ensure that children understand all their rights during the process. This will then help them feel more secure.
What Rights Do Children Have in a Divorce?
When we talk about the word ‘rights’ as it relates to children, it is not simply a listing of the legal rights that children have after a divorce. It is also the human rights they should be given during the process.
These rights should always include:
- The human right to express hurt, fear, anger and confusion to either parent and to expect that parent to treat those feelings with respect.
- The human right to love both parents without being made to feel bad by either parent for expressing that love.
- The human right to continue having relationships with extended family, including grandparents, aunts, uncles and cousins.
- The human right to spend time with both parents, especially the parent who does not have physical and/or legal custody, including traveling out of state.
- The human right not to have either parent talk disparagingly about the other parent.
- The human right to avoid taking sides with either parent.
- The human right to express a preference regarding which parent they want to live with after a divorce.
- The legal right to have all their financial needs met by both parents.
- The legal right to see the both parents, per the terms of the visitation/timesharing agreement.
- The legal right to seek protection from an abusive parent.
As you can see, the ‘rights’ of children during a divorce are intended to provide them with security and reassurance during such a life-changing event.
That is why family court judges base their decisions regarding issues such as child custody, child visitation, child relocation and child support on what is in the best interests of a child.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
How Divorce Impacts Children
These rights are important not simply to protect children and provide them with security, but also because the long-term impact of divorce can be so damaging.
Multiple studies have found that children who suffer through a contentious divorce may experience problems that include:
- Lower Academic Performance – the stress of a divorce can cause behavior issues in some children that affect classroom concentration and academic performance.
- Increase in Drug and Alcohol Problems – although the majority of children from a divorced home are resilient, some may be at a higher risk for drug and alcohol abuse as a means of coping.
- Increase in Psychological Problems – divorce is extremely difficult on all parties involved, and for children, the split can cause psychological and emotional problems related to self-esteem, self-confidence, anger and anxiety.
Not every child of a divorce will exhibit these problems. However, children whose parents have divorced are at a higher risk of grappling with these issues.
Protect Your Children
If you are going through a divorce that involves children, your top priority must be to make decisions that are in their best interests. That may even mean sacrificing your own desires.
An experienced divorce lawyer can help you create valid custody arrangements, support payments, and visitation agreements that most benefit your child. Please call The Law Office of Eric C. Cheshire P.A. at (561) 677-8090 for your legal consultation near downtown West Palm Beach, Florida.