Divorce and family separation is a profoundly challenging experience, not just for the separating couple, but especially for their children. Amidst the legal complexities and emotional turmoil, it's easy for the needs and well-being of the children to become overshadowed by the adults' focus on themselves and their needs. This is where the concept of a "Children's Bill of Rights" becomes invaluable – a set of principles designed to safeguard a child's fundamental rights and minimize the negative impact of parental separation. It is important that every parent review and understand the rights that children have in going through a family law case or issue.
While not necessarily a "law" in Kansas or Missouri, the Children's Bill of Rights is a widely recognized framework that outlines what children deserve prior to, during and following a divorce or other family law matter. This bill of rights serves as a powerful reminder to parents and legal professionals that children are not pawns, possessions, or bargaining chips in a family law case, but individual, important people with their own distinct needs and feelings.
Key Aspects of the Children's Bill of Rights:
While specific wording may vary, the core principles of the Children's Bill of Rights generally include the following tenets:
- The Right to Love and Be Loved by Both Parents: Children should never be made to feel guilty for loving both parents nor that they need to choose a parent, nor should one parent undermine the child's relationship with the other parent.
- The Right to Be Protected from Parental Conflict: Children should not be exposed to parental arguments or disagreements, nor used as messengers, or forced to choose sides. The children's emotional well-being depends on being shielded from adult disputes.
- The Right to Stability and Consistency: Children need their routines maintained. Children having consistent schooling, and familiar environments as much as possible helps children cope with change, specifically that their family unit is changing but everything in their life is not changing.
- The Right to Express Feelings and Be Heard: Children should be encouraged to articulate their emotions and concerns about the divorce, and their feelings should be acknowledged and respected by both parents.
- The Right to Age-Appropriate Information: Children deserve to understand, in a way they can comprehend, what is happening in their family, without being burdened with adult details.
- The Right to Financial Support: Both parents have a responsibility to provide for their children's financial needs, ensuring their well-being and opportunities are not diminished.
- The Right to Maintain Relationships with Extended Family: Grandparents and other significant family members on both sides play a vital role in a child's life and should be allowed to continue those connections.
- The Right to Be a Child: Children should not be expected to take on adult responsibilities, provide emotional support for their parents, or mediate conflicts. They deserve to experience their childhood free from undue stress.
Why Your Family Law Attorney Must Be Familiar with the Children's Bill of Rights
Navigating a divorce where children are involved demands more than just legal expertise; it requires a deep understanding of child development and the psychological impact of family separation to maximize the likelihood that your children are able to navigate the process without psychological scars. This is precisely why it is paramount to work with a law firm that is not only familiar with, but actively advocates for, the Children's Bill of Rights.
Here's how working with family law firm who focuses on these principles can make a profound difference in the life of your family:
- Prioritizing the Child's Best Interests: A law firm committed to the Children's Bill of Rights will instinctively place your child's well-being at the forefront of all discussions and negotiations. They will guide you towards solutions that minimize disruption and maximize stability for your children. If you are focused on things that are not centered on the best interests of the children, the firm will re-focus you on the big picture.
- Mitigating Parental Conflict: Experienced family law attorneys familiar with the Bill of Rights understand that parental conflict is the most damaging aspect of divorce for children. They will encourage constructive communication, mediate disputes, and work to create parenting plans that reduce tension and foster a cooperative co-parenting relationship.
- Crafting Child-Centric Parenting Plans: Beyond standard custody arrangements, a knowledgeable firm will help you develop a parenting plan that thoughtfully addresses each point of the Children's Bill of Rights. This might include detailed schedules for communication, guidelines for discussing the other parent, and strategies for maintaining important routines.
- Educating and Empowering Parents: Many parents, understandably overwhelmed by their own emotions, may inadvertently lose sight of their children's rights. A good family law firm will educate you on these principles, empowering you to make decisions that truly serve your children's long-term emotional and psychological health.
- Advocating for the Child's Voice: While children are not typically directly involved in legal proceedings, a firm familiar with the Bill of Rights will ensure that your child's preferences and needs, when appropriate and age-relevant, are conveyed to the court or considered in negotiations.
- Preventing Future Issues: By proactively incorporating the Children's Bill of Rights into your divorce settlement, your legal team can help establish a foundation for healthier co-parenting in the years to come, potentially preventing future conflicts and court interventions.
Conclusion
Divorce and family law matters are rarely easy, but their impact on children can be softened significantly when their rights are recognized and upheld. Choosing a family law firm that is deeply familiar with the Children's Bill of Rights isn't just about legal representation; it's about securing a brighter, more stable future for your children. It's about ensuring that even amidst the changes, your children know they are loved, protected, and have the right to a childhood as whole and healthy as possible. Call Pingel Family Law today to speak with one of our knowledgeable, compassionate and experienced family law attorneys at (816) 208-8130.