Children's Rights and Child Custody Proceedings

Abstract

The Uniform Marriage and Divorce Act gives judges discretionary powers to determine the best interests of the child in contested child custody proceedings. These include the authority to interview children in their chambers; appoint guardians ad litem to represent the interests of the child and to call upon domestic relations investigators or other mental health professionals for assistance. This article examines the extent to which judges utilize each of these discretionary powers. The authors' content analyzes a sample of 100 contested child custody cases adjudicated in Denver District Court during the years 1972-1976 and 60 cases adjudicated in 1966, prior to the passage of the Uniform Act. They also interview several judges who presided over contested cases during project study years. The results suggest that children rarely provide direct input into divorce/custody proceedings. They are rarely interviewed by judges and often excluded from investigations conducted by court personnel. Lastly, guardians ad litem rarely play a role in contested child custody determinations. The few guardians who participate in such proceedings play very dissimilar roles. The study raises questions about whether judges fulfill their duty to determine the child's best interests in such cases.