Unfortunately, not all marriages are enduring; many end in divorce. Studies show that an estimated 41% of first marriages, 60% of second marriages, and 73% of third marriages end in divorce. These studies are from the National Institutes of Health (NIH) and Divorce.com, an online platform that provides assisted and mediator-led divorce services. While the dissolution of marriage is hard on couples who once believed they were on the way toward building a long life together, it can be even harder on their children. For reference, nearly 40% of married couples have children.
Why Family Law Courts Prioritize Doing What Is in the Best Interests of Children
Witnessing their parents going through a divorce can be devastating for a child, which explains why family law courts prioritize doing what’s in their best interests. That means putting their safety, emotional well-being, and overall development first and deciding who is at fault for the divorce, parental preferences, financial restitution, and the like second.
Understanding How Divorce Impacts Children
Studies show that children of divorced parents are more likely to develop emotional, psychological, behavioral, and academic struggles than children of married couples. They are also more likely to struggle financially as they grow up, according to the same studies. In terms of emotional and psychological struggles, children of divorced parents are often more susceptible to developing anxiety and depressive disorders.
And that’s not too surprising. Many children blame themselves when their parents decide to go their separate ways, according to a study published by the American Academy of Child and Adolescent Psychiatry. That guilt can open the door to profound grief that can manifest in the form of anxiety, depression, or both. It can also trigger attachment and trust issues that can create long-term insecurity, both of which can make it difficult for them to maintain healthy romantic relationships when they become adults.
Behavioral Issues Children Sometimes Exhibit After Divorce
The dissolution of marriage can impact children both behaviorally and socially. For example, some children might return to sucking their thumb, wetting their bed, and other regressive behaviors. Others might become increasingly irritable or aggressive. On the other end of the spectrum, some children become incredibly withdrawn. Extreme mood swings that present as unprovoked anger or tantrums are also common among children of divorced parents.
Along with various forms of regressive behaviors and mood swings, children of divorced parents are more likely to engage in risky behaviors than their peers whose families are still intact. Some of these risky behaviors, many of which can have long-term consequences, include the following:
- Engaging in sexual activity early
- Skipping school, shoplifting, or defying law enforcement, teachers, and other authority figures
- Substance abuse
Academic and Other Long-Term Challenges
Multiple studies show that distraction and stress at home arising from separation or divorce can and often do result in lower grades, incomplete assignments, and an increased likelihood of older children dropping out of high school or not wanting to attend college. Both of these can lead to lower earning potential in adulthood and make life considerably harder than it would otherwise be.
What Divorcing Parents Should Know About the Best Interests of the Child Standard
The Best Interests of the Child (BIC) standard is a court doctrine used in custody proceedings when divorced parents seek to make significant changes in a child’s life. Understanding that divorce in and of itself can have a devastating impact on the lives of children whose parents are divorcing, family courts will do everything in their power to prevent or mitigate any further harm. And that includes applying the BIC standard when making critical decisions.
The Many Ways in Which Family Law Courts Prioritize the Best Interests of a Child
According to most family law attorneys like the experienced lawyers at Davis & Associates, family courts frequently rely on BIC to make numerous decisions relative to the welfare of children. Most of these decisions revolve around the following:
- Child support – Family courts routinely use BIC to determine custody and time-sharing arrangements. These arrangements, coupled with each parent’s income, play a significant role in calculating child support figures.
- Medical and healthcare decisions – Family courts often use the BIC standard to resolve medical and healthcare disputes between parents whenever they arise. The BIC standard requires that courts consider the clinical needs of a child, opinions of medical professionals, and parental capacity when making decisions about a child’s health and overall well-being.
- Protection orders – If a court suspects a child is in danger, it will use established BIC standards to determine whether or not custody or visitation modifications are necessary. Some of the key points of consideration include the mental health of the parent, whether or not they have a history of abuse, and financial stability.
- School enrollment – Family courts routinely consider a child’s age, transportation logistics, special needs, parental involvement, and other BIC standards when making decisions concerning which school a child should attend. That could apply to public, private, charter schools, or homeschooling.
- Termination of parental rights – The termination of parental rights (TPR) is a serious matter. Family courts almost always use the BIC standard before making such a determination. BIC requires courts to consider abandonment, severe neglect, or abuse, and other critical factors to determine if ending the legal parent-child relationship is in the best interest of a child.
- Visitation and custody – Courts use BIC to make decisions that involve visitation and custody. The BIC standard related to these matters specifically revolves around stability, continuity, health and safety, child preference, and parental capacity.
To summarize, divorce can trigger a wave of emotional, behavioral, and academic challenges for children, some of which can be long-term. Family law courts use the BIC standard to shield them from as many of these challenges as possible.
