Parental Tug-a-War Over a Child

Court room drama that places a child squarely in the middle of his or her parents cannot be good for that child. In "Tug-A-War: Protecting the Best Interest of the Child in Light of AB 1050" by Rachel Toberty, Regent Juris Doctor Candidate 2013, this problem is tackled in the context of California custody law.

The dilemma is clear, as Toberty writes, "A child age 14 sits on the witness stand, the subject of his parents’ custody dispute. His father questions him about whether he would prefer to live with his father or his mother. This seems like something no child should ever have to deal with. As a result of Senate Bill AB 1050, however, this very situation may not be an unfamiliar setting in California Family Courts. Child custody disputes are some of the uglier and more emotional cases that take place in California courtrooms; they can strain even an adult’s tolerance. So why would it ever be a good idea for a child to be invited into this often times hostile environment? The California Legislature, under AB1050, has decided that this a proper place for a child, if that child wishes that his desires in a custody dispute be heard. This article will examine whether changes in the California Family Code Section 3042 are really in the best interest of the child while presenting some useful tips for practitioners to uphold the best interest of the child in light of AB 1050."

Toberty researched changes to the California code on children testifying in their parents' custody battle. Her work considers the potential consequences to children as a result of these recently enacted changes to the Family Code Section 3042 because of AB 1050. Then her article discusses possible solutions for the Califorina Legislature to consider to protect children during a contested divorce proceeding, particularly if a child will be testifying, while also providing practical tips to practitioners to help them work with their clients to protect the best interest of the child. Read her entire article here.

Family restoration begins with parents who understand that placing their child in a court room to choose between mom or dad is never good for the child.

For more resources see the pages atop this blog entitled "UpToParents," "Proud to Parent," and "Spare the Child."

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