Divorce and Kids

Until the mid 1800's, children were considered little more than property of the marital estate and treated similarly to slaves - i.e. no rights or interest whatsoever in their own welfare. After the abolition of slavery, the Tender Years Doctrine began the slow and often painful development of women's and children's' rights. Courts eventually assumed responsibility for child protection laws through the judicial system. Today, the distinction between child battery, corporal punishment, and the legitimate care of a loving parent remain highly disputed among appellate courts.

Note when filing:

The availability of the dissolution of marriage, property distributions, and child support requirements are unique to each state because of variations in divorce decisions rendered by courts. As new cases are decided, new precedents establish variations in application. For this reason, everyone considering filing should consult local legal counsel. Best results are obtained through careful planning with legal counsel before committing to any course of action. Also be aware that filing creates a permanent public record. These records are rarely withdrawn, expunged or deleted absent extraordinary circumstances. Public records are available to anyone who inquires for a nominal fee.

A primary consideration driving the development of new laws revolves around children of the marriage. Children are typically not represented by attorneys in proceedings, yet are considered, as a matter of judicial and public policy, to have an overriding interest in the outcome. The needs of children financially, socially, parentally and educationally are considered the joint responsibility of parents. Courts are charged with responsibility to protect all interests of children in family court despite agreed requests of parents which may be inconsistent.