Rights of Children in Divorce Cases

When you come to the Essenburg Law Firm Office, you may see this handout. Randy is passionately committed to serving children through his position as a divorce attorney. EACH and EVERY child needs to be considered maturely and respectfully whether they are 2 years old or more than 18 years old.

Children in divorce cases have, at the very least, the fundamental rights outlined below:

  1. The right to be treated as an interested and affected person and not as a pawn, possession, or chattel of either or both parents, and neither have authority, by agreement or otherwise, to waive any benefits ordered in behalf of their children.
  2. The right to grow to maturity in that home environment which will best guarantee an opportunity for the child to grow to mature and responsible citizenship.
  3. The right to the day by day love, care, discipline and protection of the parent having custody of the child.
  4. The right to know the non-custodial parent and to have the benefit of such parent's love and guidance through adequate visitations.
  5. The right to a positive and constructive relationship with both parents, with neither parent to be permitted to degrade or downgrade the other in the mind of the child.
  6. The right to have moral and ethical values developed by precept and practives, and to have limits set for behavior.
  7. The right to the most adequate level of economic support that can be provided by the best efforts of both parents, which takes priority over all after-acquired obligations of all kinds.
  8. The right to the same opportunities for education that the child would have had if the family unit had not been broken.
  9. The right to periodic review of custodial arrangements and child support orders as the circumstances of the parents and the benefit of the child may require.
  10. The right to recognition that children involved in a divorce are always disadvantaged parties and that the law must take affirmative steps to protect their welfare, and enforce compliance of their rights.