Children’s Rights in Divorce
- Each child has the right to develop and maintain an independent relationship with each parent.
- Each child has the right to be free of conflict between the parents.
- Each child has the right to be free from having to take over the parental responsibility for making custody and visitation decisions.
- Each child has the right to be free from having to take sides with, defend, or downgrade either parent.
- Each child has the right to be guided, taught, supervised, disciplined, and nurtured by each parent, without interference from the other parent.
- Each child has the right to be financially supported by both parents, regardless of how much time each parent spends with the child.
- Each child has the right to know both parents, and to spend time with both parents on a regular basis, for holidays, and for vacation periods, regardless of payment of child support.
- Each child has the right to a personal sleeping area and space for possessions in each parent’s home.
- Each child has the right to be physically safe and adequately supervised when in the care of each parent.
- Each child has the right to be protected from people under the influence of alcohol or illegal drugs.
- Each child has the right to be protected with a car seat or seat belt (as appropriate to the child’s age) whenever a passenger in an automobile.
- Each child has the right to a proper fitting protective helmet whenever bicycling or motorcycling.
- Each child has the right to be protected from the harmful effects of second-hand smoke.
- Each child has the right to a stable, consistent, and responsible child care arrangement when not supervised by the parents.
- Each child has the right to develop and maintain meaningful relationships with other significant adults, (i.e., grandparents, stepparents, and other relatives) as long as these relationships do not interfere with or replace the child’s primary relationship with the child’s parents.
- Each child has the right to expect that both parents will follow through with the child’s residential plan, honoring specific commitments for scheduled time with the child.
- Each child has the right to both parents being informed about medical, dental, educational, extracurricular, and legal matters concerning the child, unless such disclosure would prove harmful to the child.
- Each child with special needs (developmental, mental, emotional, and physical) has the right to appropriate consideration and adaptation in any child care plan.
- Each child has the right to participate in age-appropriate activities so long as these activities do not significantly impair the relationship between the child and either parent.
̶ Materials developed by Kathleen O’Connell Corcoran, MS, NCC, adapted from the Family Center of the Conciliation Court of Pima County, Arizona (1991). CHILDREN.RTS