Kids in divorce court: Understanding the impact and how legal professionals can help

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BY JUDE EGAN AND LISA STROHMAN

DECEMBER 3, 2020, 1:24 PM CST

 

A rite of passage into adulthood can take many forms. In some traditions, it might be learning a prayer or important dance, or going off into the woods on a solo adventure/journey.

A more modern rite of passage for kids is going to the courthouse during their parents’ divorce proceedings to talk to judges about their living situations, about who does the majority of the parenting and about whom they feel the closest feelings of warmth and love.

The California Family Code’s Section 3042 is not unlike the code sections of many other states. As children get older, their voices begin to get louder. In California, children who are 14 years old have the right to address the court, while the court may elect to hear from children younger than 14. Other states use the language “sufficient age and capacity to reason” or something similar.

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