Divorce significantly affects children, often resulting in substantial changes to their daily lives and emotional well-being. Children may find themselves relocating to a new home, adapting to new routines, and splitting their time between parents. With divorce, there might be limited access to friends, grandparents, and other relatives, disrupting established relationships and support systems. Social circles and support networks can also be impacted, particularly if a change in schools becomes necessary. This upheaval can lead to feelings of isolation and insecurity as children navigate these new environments.
The Difficulty of Conflict in Divorce
Divorce becomes especially challenging when parents struggle to communicate or co-parent effectively. High-conflict divorces, characterized by communication breakdowns, can exacerbate the stress and anxiety experienced by children. When parents are unable to get along, children often find themselves caught in the middle, feeling torn between their loyalties to each parent. Often, in these situations, parents will disagree over custodial and support issues related to the children, which makes the children feel at fault or in conflict themselves. In high-conflict divorces, there can be allegations of abuse, which places the spotlight on the children as potential witnesses as well as victims, which are both highly stressful for the child.
Children’s Rights and Advocacy
In divorce proceedings, issues of child custody and support are centered around the “best interest of the child” standard. In Maryland, this standard is analyzed by factors laid out in the law, which includes the child’s preferences, with the weight of their opinion varying according to their age and maturity. This “best interest of the child” standard aims to ensure that decisions made during the divorce prioritize the child’s welfare above other considerations while continuing to honor the parent/child relationship.
Advocacy for children in divorce can come from various sources. Parents, grandparents, and other significant adults, such as stepparents, can play crucial roles in representing the child’s needs and interests. Additionally, a guardian ad litem, also referred to as a best interest attorney, may be appointed by the court to advocate specifically for the child. This guardian conducts an independent investigation and provides recommendations to the court regarding the child’s best interests.
Family counselors and therapists are also vital in supporting children through the divorce process. These professionals offer a safe space for children to express their feelings and help them develop coping strategies. Their insights and testimony before the court, or report to the neutral facilitating an alternative despite a resolution to the divorce, can inform custody arrangements and parental responsibilities, ensuring that the child’s emotional health is considered.
The Benefits of Resolving Without a Court Trial
Whenever possible, resolving divorce issues outside of court through mechanisms like collaborative divorce and mediation offer less adversarial alternatives to traditional litigation. These methods encourage parents to work together to reach mutually beneficial agreements, reducing the stress and emotional toll on children.
Court trials tend to be lengthy, expensive, and emotionally draining for all involved, particularly children. The adversarial nature of trials can intensify conflict and make co-parenting more challenging in the long term. By opting for out-of-court resolutions, parents can maintain greater control over the outcome and create more amicable and personalized arrangements.
Divorce always means change for children, which can be stressful even without conflict between the parents. By understanding the potential impacts and prioritizing the child’s best interests, parents and caregivers can help lower the impact on the children. Effective communication, advocacy, and professional support play crucial roles in ensuring that children emerge from the divorce process with resilience and a sense of stability.