What right does a judge have?

Question

What right does a judge have to decide what is in the "best interest of the child" when both parents are fit? I mean I can understand if a parent is really unfit, like very heavy into meth and such, but I have seen children sad and so upset because they wanted to live with one parent but the judge decides who they live with. Why don't they let children speak up? I know teenage run aways because of this situation. In fact I know a kid right now who just ran away and went to live with his dad because some know it all judge decided it was "the best interest of the child" to live with his mother. Well, the mother ended her job after she got him and lived off a small settlement from workers comp and is now on welfare and getting child support and her son was just a meal ticket. She is now trying to figure out what she will do with this sudden income loss. Obviously this was not in the best interest of the child! His father has been great for him. Why won't judges let children decide?

I have seen fathers get residential custody of a child and watched the child cringe when the father tried to hug them and and cry as the father pulled them away from mom to take them home. Yes, this children have feelings just like adults. When you were a child did you know what you wanted and what would have made you happy? All of you from divorced families, I am sure most of you did not have it perfect and one parent was cruel while the other was loving.

Answer 1

Jill, children, unfortunately, have no rights. They are at the mercy of their parents and in many cases the court system. Life is oftentimes very unfair. Especially to children. Try to remember that judges are human and subject to making mistakes. Eva.

Answer 2

There was probably more to this situation than you knew about. when a child reaches age 14, some time 12. A child can decide, and carry a lot of weight with the Judge regarding which parent they will be happier with. A child is entitled to a lawyer also. When my brother and his wife divorce, the child told the Judge he wanted a lawyer too, and they HAD to give the child one. All it took was for the child to say he wanted to live with the Dad, and the Dad got primary custody. Living off workers comp and even welfare does not necessarily make a woman a bad mother, or the Dad either. If a child is unhappy with a court decision, the parent that did not get the child, can help that parent by getting the child a lawyer also, and the child can have the orders reversed, if the child is at least 12 in most cases, younger than that, get evidence that the custodial parent can not take care of the child , and take it back to court.

Answer 3

Judges by definition judge the best action to take in an issue before the court over which the judge presides.

Children, by definition are not deemed to be sophisticated enough to make life altering decisions.

Please do not take what I said above as agreement with the courts. Just the facts.

Judges should listen to kids. They should carefully weigh all the information. But the sad truth is judges, prosecuters (ask the guys from Duke) and lawyers make decisions based on personal bias and self improvement.

Sometimes it is hard to accept that ours is the best system their is.

As for teenagers can always try to have themselves emancipated thus allowing themselves the freedom to make their own decisions.

Answer 4

If a child acted like that when returning to a father, I would have some concerns as to why. That is NOT typical!

Children have no rights except negative ones. The failure of a parent to send them to school or abuse them are two!

Many children will pit one parent againsr another, and then, especially in their teen years want to live with the one who is least strict. Guess who that often is?

Others are so out-of-control at 13 parents are at our doorstep trying to give their child away!

I think you make a lot of assumptions based on a bias, but I can't really tell, that is an assumption based on the way you presented the mother and the father!. It seems the Judge could though, and did. He gets his authority under a doctrine called Parens patriae!

Parens patriae. "Parens patriae," literally "parent of the country," refers traditionally to role of state as sovereign and guardian of persons under legal disability, such as juveniles or the insane, State of W.Va. v. Chas. Pfizer & Co., C.A.N.Y., 440 F.2d 1079, 1089, and in child custody determinations, when acting on behalf of the state to protect the interests of the child. It is the principle that the state must care for those who cannot take care of themselves, such as minors who lack proper care and custody from their parents. It is a concept of standing utilized to protect those quasi-sovereign interests such as health, comfort and welfare of the people, interstate water rights, general economy of the state, etc. Gibbs v. Titelman, D.C.Pa., 369 F.Supp. 38, 54.

Of course a lot of parents hate this as they think they OWN their children!

Answer 5

Most judges speak with the children and take those conversations into account. However, children are children. They are not mature enough to make an informed decision. Judges are human, they make mistakes too. But to think a child can make such a decision is obsurd.

Answer 6

Oh MY. I Totally agree. I am in this situation as we speak.
Except its the Grandparents trying to get my daughter. We have been battling this out for 8 years now and finally this month the JUDGE is finally going to talk to my daughter for the very first time.

From what I understand. The Judge will talk to a child whom is 12 and older. and take their consideration. But the Judge does have the last say so /

Answer 7

Because children are not 18 and are not considered adults so judge has to decide

Answer 8

what a silly question,I thought every one knew before a judge is appointed or elected he is equipped with a third all seeing eye,or did I misunderstand, maybe it was because a certain segment of our society knew they could count on him rilling favorably on their behalf, should they have a case in his court? or maybe he could not make a living as an Attorney and they didn't want him to starve, you can decide on your own which of these scenarios fit.