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The Matrimonial StrategistLJN NewslettersNewsSections

'Kids Count'

By Bari Zell-Weinberger
August 27, 2003

Whether you represent the father or the mother in a custody dispute, every attorney has an obligation, professionally, ethically, and morally, to make certain that the children involved in a case are protected. Some practitioners find it difficult to protect the child's interest, while at the same time being expected to advocate properly on behalf of one parent in the custody matter. After all, to represent a parent zealously may entail necessary action that could subject the child to psychological evaluations, interviews by the judge, and other litigation-related participation. Forcing a child to play an active role in a custody matter can cause him/her lifelong scars.

For instance, no matter how many times a judge, with good intentions, may advise a child that he/she is not responsible for the decision made by the court, the true psychological repercussions are unpredictable. While some children may feel responsible for their parents' divorce, others may believe that they are disappointing their parent(s) when they meet with the judge to express their feelings and preferences. It is not uncommon for children to harbor resentment against their parents for placing them in the uncomfortable position of having to speak to the court. This could, and often does, contaminate the parent-child relationship. One New Jersey court has taken steps to help children embroiled in this process through a program called 'Kids Count.'

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