Teen’s Legal Move Raises Questions: Can Children Intervene in Divorce Cases?
Can a child intervene in their parents’ divorce to ensure their needs are properly met?
That’s the central issue in the high-profile divorce of former Kentucky Governor Matt Bevin and his wife, Glenna Bevin. As the couple moves to end their marriage, one of their adopted children, 18-year-old Jonah Bevin, has taken the unusual legal step of filing to intervene in the proceedings, arguing that his interests are not being adequately represented.
Jonah, who was adopted from Ethiopia, alleges that the Bevins abandoned him as a teenager, sent him to a facility in Jamaica under abusive conditions, and left him to later live in a homeless shelter. While divorce settlements routinely address financial support for children, Jonah believed that he had been “forgotten” in his own parents’ case. This resulted in Jonah asking the court to consider his concerns about child support, and ongoing neglect
After considering the serious nature of Jonah’s claims, the court recently ruled in his favor, granting him the right to formally intervene in the case to ensure his rights and support needs are fully addressed.
This was an unusual move, but it also leads to the question: Could a child of divorcing parents make a similar request in New Jersey?
Two Paths for Children’s Interests in New Jersey Divorce
In New Jersey, courts provide two distinct mechanisms for making sure a child’s individual needs are addressed in a divorce:
- Guardian ad Litem for Minor Children
- Motion to Intervene for Adult Children
1. Guardian ad Litem: A Child’s Independent Voice
When a divorce involves minors—and especially where allegations of abuse, neglect, or family conflict arise—New Jersey judges frequently appoint a guardian ad litem (GAL). This neutral attorney or specially trained advocate steps into the case solely to protect the child’s best interests.
GALs investigate the family situation, interview everyone involved (including the child), and report back to the court with custody, visitation, and support recommendations. The GAL’s findings and proposals carry significant weight, since they reflect an objective look at the child’s welfare rather than either parent’s position. By design, the GAL process keeps the child at the center without making them a formal party to the case, allowing the court to efficiently manage both the parents’ marital issues and the child’s needs.
2. Adult Children Seeking A Motion to Intervene: The Bar is Set High
Adult children in New Jersey can technically seek to intervene in a divorce under the court rules (R. 5:3-4 for “intervention as of right,” or R. 5:3-5 for “permissive intervention”). But the requirements are steep, including:
Direct, Legally Protected Interest
For example, a written pre-divorce agreement guaranteeing tuition support, or a vested right in a parental trust or inheritance.
Risk of Impairment
The divorce outcome must genuinely threaten that interest — for example, eliminating the parents’ ability (or obligation) to fund college.
Inadequate Existing Representation
The adult child must prove that neither parent nor any court-appointed guardian will adequately safeguard their specific stake.
Because New Jersey divorces focus on the spouses and any minor children, adult children rarely clear all these hurdles. More often, judges decline to add them as formal parties, instead advising them to pursue separate proceedings. This could include child support enforcement motions for unpaid obligations or a probate/trust action for inheritance claims, or college expense claims. In this separate forum, their interests can be more directly addressed.
If you’re a parent navigating divorce, or an adult child concerned about being left out of critical decisions, it’s essential to understand how best to have your claims heard. Consult with a family law attorney to explore your options and ensure that every member of the family has their rights protected during this complex process.
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