It is a stupid question. But as always, I will answer it.
The American courts do take the welfare of children into account all through the legal process... as they should. People accused of crimes are given bail...and children are factor in this process. The welfare of children is also taken into account in sentencing.
Of course a civilized society takes the welfare of children into account in the legal system, and where possible accommodations are made for the good of children.
This is a stupid question. You are still weaseling. But there. You have your answer.
This thread is about Trump's new "zero tolerance" policy. Can we get back on topic?