A Judge’s Guide

Special
Considerations
DEVELOPMENTAL CONSIDERATIONS
adolescents, for example, may feel rejected by a parent and search for other
outside relationships as alternative sources of love and intimacy. This search can
increase the adolescent’s risk for teenage pregnancy and/or contracting certain
sexually transmitted diseases. Adolescents who have experienced parental
rejection may also be more prone to remain in abusive relationships and buy into
the belief that they are somehow “less than deserving.”
It is important that adolescents feel heard during the legal proceedings. You will
want to consider several issues, including the following:
Strike a balance. An adolescent should express his or her
views via testimony, a court-appointed attorney, or an in camera
interview. At the same time, however, you should make clear that
it is not their responsibility to make a decision about what is in
their best interests. Respect the adolescent’s cognitive ability and
independence, yet understand that it is a vulnerable time and the
adolescent still needs significant protection.
Look beyond the façade. To really understand a particular
adolescent’s needs, it is critical to look beyond courtroom
demeanor and static assessments of behavior. Adolescents
experiencing the grief process following separation and divorce
may exhibit a range of emotions, from intense anger to profound
sadness. Academic reports and psychological assessments noting
trends in performance and behavior are most valuable.
Put safeguards in place. Adolescents, more so than any age
group, are the most likely to be overlooked during the divorce
process because of their adult-like characteristics. Their future,
however, hangs in the balance and should not be dismissed simply
because they are approaching legal age. As stated above,
adolescents experiencing the emotional roller coaster of parental
separation may be more susceptible to engaging in unhealthy
behaviors. Research indicates that they are also more prone to
clinical depression than younger children of divorce. 9 It is critical,
therefore, that appropriate support, such as counseling, structure,
and supervision be in place at this time.
Probe beneath the surface. For example, it is not
uncommon for adolescents to request to live and be closer to a
particular parent, especially before leaving home and setting out
on their own. Sometimes the adolescent wants to be closer to the
same sex parent or feels more validated and supported by one
parent. Sometimes the adolescent is simply trying to evade one
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