I learned today that this time of year is one of the busiest for the family court system. Other busy times? Spring break and summer vacation. Why? Parents initiating custody battles over possession of their children.
The way some parents deal with divorce and their children is very upsetting. There often seems to be no concern for the child, only getting the best of the other parent. And the legal system often seems to perpetuate it. In the few cases in which I have been involved there are only cursory references to what is best for the child. The majority of the conversation seems to revolve around the "rights" of the parents.
A lawyer once told me, even in cases where a parent has sexually assaulted a child it is very rare for their parental rights to be terminated. The court will almost always maintain that they have a right to have a relationship with the child, even if only in supervised visits. Excuse me? If you molest your child I believe you have forfeited your "rights".
If a child has been abused by one parent it is up to the other parent to protect them, and rightfully so. However, the overburdened Child Protective Services system often fails to protect the child. The burden then lies solely on the protective parent to financially pay for a lawyer to protect the child from the other parent. This can cost tens to hundreds of thousands of dollars depending on how much the abusive parent can put toward contesting the petition. And if the non-abusive parent does not have this kind of money? The abusive parent retains their "rights". Why is it that only the children of wealthy parents can be protected? Aren't all of our children important?
I have a colleague who maintains that parents should not have rights. Children should have rights. Parents should have privileges. And those privileges can be revoked if they are detrimental to the well-being of the child. If someone out there is looking for a good cause this would be it. Children need an advocate in the court speaking for them. The laws in this country need to be amended to put the burden on protecting the best interests of the child, not the parents.