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Should you let children decide who to live with after a divorce?

Results so far:

Yes
61% 90 votes Total: 147 votes
No
39% 57 votes

Yes

by Maggie O'Cala

Created on: August 15, 2010   Last Updated: August 24, 2010

A highly controversial topic. Should a child be able to decide who to live with after the parents have divorced? While it is not ideal for a child to feel as if they have to choose between parents, their input should definitely be taken into account by a judge of the custody proceedings. The child's age should also be factored in since the more mature child will see both options more clearly than a younger child would.

Our instinct as parents is to protect children at all costs. We have the authority to decide the fate of their lives and sometimes....we are wrong. What? A child knowing better than an adult? Yes. In many cases children as young as 10 instinctively know where they will be better off. Judges and jury are not privy to what goes on in homes behind closed doors.While one parent may seem fantastic on paper, the truth might stun and dismay a courtroom. One parent may present themselves as a loving, hands-on mother or father, but when speaking to a child you may come to realize that the "good parent" is all an act. Therefore, a child's point of view and feelings on the subject should certainly have a weighty influence on the court's final decision as to who gets custody.

In the past mothers were given custodial rights more often than the fathers were. Society's overwhelming opinion is that all women have a strong, nearly faultless maternal instinct. While fathers are thought to be emotionally distant and removed from the every day aspect of child rearing. Thanks to more a more open minded judicial system this mentality is becoming a thing of the past. Fathers are being recognized as the better custodial parent in some cases.

Sadly, children usually have a better idea of which parent they should live with than the courts do. It's far too easy in our "take-care-of-the-kids" attitude for us to overlook what they are saying because we feel that adults "know best". The reality is not so cut and dried. While there needs to be a middle ground the child's feelings should not be pushed aside simply because they are still children.

Children should certainly be allowed a say in which parent they will reside with after the divorce. After that, a judge needs to weigh the pros and cons heavily before making a decision that will profoundly affect that child's life.

Learn more about this author, Maggie O'Cala.
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No

by Kimberly Smith

Created on: July 25, 2010

When children are torn between two people who promised to love, obey, and support each other in sickness and in health many tough decisions must be made. The most important factor in a divorce between couples who have children is the child. When love turns to heartbreak it is important to remember who the parents are and who is the innocent victim of circumstances.

 In the United States a child is not considered an adult until they are eighteen for very good reasons. Children do not have the maturity and foresight to guide their own lives. This generation is a time of slowed maturity where we have allowed children to be children. Topics such as divorce and custody take a mental maturity above that of a child.

At times like this many parents begin to behave like children. This is why lawyers can make such a good living. There are places which can give guidance during these tough decisions. A good website to consider is: www.childcustody.org .


It is important to take a child’s needs into respect when making this decision. Parents should not try to buy a child’s love during this time. Many parents feel guilty about separating and tearing a child’s family apart so they spoil the child with objects. It is more important that a child receives love and emotional support then a new bike or video game. Parents use these gifts often to make themselves feel better as well as to bring the child onto their side. Ideally a child should not have to choose between their parents.


When a child must choose between parents a child gets overloaded with a mixture of feelings. Stress from having to make the choice can be a distraction in a child’s daily life to the point that school grades suffer and the child becomes withdrawn. This reaction can lead to a cycle of bad grades, drug abuse, and low self esteem. Along with this cycle a child that is forced to choose between parents can become overwhelmed with guilt at choosing one parent over another. These are the type of emotions which can increase the chance of teen suicide. Here is a good website to help parents help children with these feelings: Teen Suicide / American Academy of Child & Adolescent Psychiatry at   www.aacap.org/cs/roo t/facts_for_families /teen_suicide . Divorce and guilt can be over whelming and difficult for the parents, why saddle a child with such emotions?


The emotional needs of a child should be considered at all times during a divorce. Ideally parents should aim at joint custody when possible. A child should not be used to seek revenge by parent or the other. The mother is not always the ideal choice. What is important is that the older the child is the more consideration should be taken towards their feeling. A young child would choose the parent they are closet to not the one that is best to meet their needs. Young children are very forgiving and are not capable of understanding the issues fully. However, a teenager would understand if a parent has bad habits that would adversely affect the child or could potentially harm the child.


The reason we have court systems in America to use during divorce is so that difficult decisions are handled with the help of impartial third parties. There is too much going on during a divorce for a child without the mental development of an adult to make a life changing decision. These types of life changing decisions affect all parties concerned. The decision of child custody is best left to adults who take the best interest of the child into consideration.


Learn more about this author, Kimberly Smith.
Click here to send this author comments or questions.


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