5.26.2020

Jesus Loves the Little Children - and so does the State Code (in a manner of speaking)


This guest post is from a Spring 2020 Regent Law Family Law student:


Code of Virginia § 20-124.3 explains how the best interests of the child standard is applied to custody and visitation. Some considerable factors include the age and mental condition of the child and the parent, the existing relationships between the child and the parent, and the reasonable preference of the child. The court has broad discretion and makes decisions with the child in mind. The parents may not be satisfied, but the child’s well-being takes precedence when those parents are before a court of law

Our Lord cares deeply for children. When Jesus’ disciples asked who was the greatest in the kingdom of heaven, Jesus called a child over and said, “Truly, I say to you, unless you turn and become like children, you will never enter the kingdom of heaven. Whoever humbles himself like this child is the greatest in the kingdom of heaven. Whoever receives one such child in my name receives me, but whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone fastened around his neck and to be drowned in the depth of the sea.” (Matthew 18:3) In His righteousness, God places a child in a distinguished position among a group of adults and expresses an eagerness to avenge any harm that might come to the little one. 

No family is perfect, and God is not surprised by our shortcomings. However, God desires to bless children in spite of their parents’ sins. Abraham had a child with Hagar, but Sarah told him to send the woman and her child away. God said to Abraham, "Be not displeased because of the boy and because of your slave woman. Whatever Sarah says to you, do as she tells you, for through Isaac shall your offspring be named. And I will make a nation of the son of the slave woman also, because he is your offspring.” (Genesis 21:12) God's response to Abraham's folly was separate families, even separate nations. Sending away Hagar and Ishmael must have been difficult, but God was faithful to provide for them. Through God’s mercy, Ishmael, a boy from a broken home, was blessed by the Father. 

When a court places the child’s interests at the center of a legal matter, it shares the Psalmist’s sentiment when he proclaimed, “Behold, children are a heritage from the LORD, the fruit of the womb a reward.” (Psalm 127:3) It can be easy for adults to push children to the side, trivialize their struggles, and ignore their concerns. This is especially true during a divorce or custody hearing. God looks out for the children, and the court is bound to do the same. 



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