Divorce with Children FAQs


Child Considerations During Divorce

The Law Offices of Silverman, Mack & Associates provides answers to all of your questions regarding a divorce with young children.

Can young children really comprehend divorce?

Young children are usually unable to fully understand divorce or the change in family dynamics that divorce may cause. However, children are observant and inquisitive human beings who will certainly notice differences in the structure of home and family life.

What sort of impact will divorce have on my kids?

Divorce will impact your kids in ways that may be interpreted as both positive and negative. Because divorce requires spouses to split households, children will have to share their time with each parent. You should expect changes in your children’s routine schedule and consistent traveling. Divorce may also have emotional, behavioral and psychological effects on your children.

Should divorce be avoided when there are children involved?

Our divorce attorneys in Gainesville, FL recommend that you pursue the best option for your family when considering divorce. While we do not desire to profess that divorce is bad for children (since numerous amounts of children experience healthy and positive childhoods despite divorce), there may be negative experiences associated with divorce when there are children involved. The prudent thing to do is to anticipate these types of negative impacts and provide supportive and positive parenting.

What are some ways that children deal with divorce?

The cognitive and psychological makeup of children allow them to adopt coping mechanisms in efforts to understand and deal with divorce. A common coping mechanism involves attachment to external objects or activities. Some children alter their usual behaviors in order to garner attention, while others may withdraw from familiar activities or family members. To help your children cope with divorce, consider practicing the following suggestions:

  • Avoid fighting with your ex-spouse when your children are around. It is best to appear unified so that children do not develop unhealthy feelings, such as guilt, anxiety and depression.
  • Tell your children the truth. For young children, it is fine to use children’s books or animals to make the idea of divorce understandable and light. Keep in mind that false information will only harm children in the future and potentially result in trust issues.
  • Provide love and reassurance. During or after divorce, children often feel as if they are to blame for the failure of a marriage. It is important to help children understand that they did not play a role in the process, and to provide as much love, patience and kindness to them as possible.
  • Listen to your children’s feelings and concerns. Always pay attention to the needs and feelings of your children. Acknowledge their feelings and allow them to express themselves without fear.

Should I hire a lawyer for my child? Why does my child need an attorney?

Florida divorce lawyers may be necessary for your child to ensure that he/she is placed into the proper home and to prevent child abuse (if applicable).

Why would an appointed guardian for my child be necessary?

Courts appoint guardians for children whose needs and maintenance are unable to be met by their parents. Divorce can be a traumatic experience for children. Sometimes, it is better to remove them from the process by allowing another qualified individual to care for their daily needs until the terms of the divorce are finalized.

Should I request legal representation for my child?

If you are concerned about your child’s wellbeing or safety, you should request legal representation for your child. Legal representation may also be necessary when issues involving custody or establishment of paternity exists.

If the court denies my request for a child lawyer, what do I do?

Visit our Florida divorce law firm. Our attorneys are familiar with all types of divorce issues, including those centering around children. By expressing your concerns (including those regarding your children) to your lawyer, you can trust that your needs and the needs of your children will be fought for in a court of law.

What sort of tasks will my lawyer perform?

Your Gainesville family lawyer may undergo investigation into your home or hire child experts (child psychologists, social workers, etc.) to intervene. You should expect consistent meetings and/or interviews between your child and his/her lawyer. The lawyer’s goal is to ensure that the interests, desires, needs, safety, and welfare of your child are carefully accounted for and raised in court.

Should I trust that the lawyer will know what is best for my child?

Yes. Child lawyers are trained to utilize various resources to ensure that your child gains what is best during divorce.

Will I have to assist the lawyer with any tasks?

Yes. As a parent, you are expected to transport your child to and from meetings and other proceedings with his/her lawyer. You should also provide requested documents and records pertaining to your child, such as those that indicate medical and educational history.

Who affords my child’s attorney fees?

Parents are responsible for affording attorney fees. If you and your ex-spouse are unable to make these payments and a lawyer is absolutely necessary for your child, a court of law may assign a lawyer to your child free of charge.

How do I request a child lawyer?

You will have to file paperwork requesting a child lawyer with a court of law.

For more information on divorcing with children, visit Silverman, Mack & Associates today.