Is it common for children to be involved in court battles between divorced or separated parents over custody and residence?
My answer is yes and no.
Let me explain.
Having worked in a law firm, I can confirm that it is unfortunately not uncommon for children to be involved in court battles between divorced or separated parents over physical custody, legal custody and child support. These legal disputes, often emotionally charged, can sometimes result in children being caught in the middle as each parent seeks to assert their rights and preferences.
With that being said, typically the children never go to court. The court commissioners and judges (at least in Utah) don’t want to talk to the kids directly. If there is input from the children, this is done with their a child custody evaluation or via a guardian ad litem.
I also want to point out that involving children in custody battles can have significant emotional and psychological consequences for them. Courts typically strive to prioritize the best interests of the child when making custody determinations, and exposing children to the conflict and stress of litigation can sometimes be detrimental to their well-being.
It's crucial to approach custody disputes involving children with sensitivity and care, advocating for solutions that prioritize the child's welfare while also ensuring that their legal rights and interests are protected. This may involve exploring alternative dispute resolution methods such as mediation or collaborative law, which can help minimize the negative impact of litigation on children and promote more amicable resolutions between parents.
Good luck!
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