Relocation Cases: Analyzing Relevant Evidence

SUMMARY

This article offers a format for analysis of evidence in relocation cases where both parents are fit to have primary custody of the child. The suggested analysis of evidence in family relocation cases after dissolution of marriage results in a positive and workable resolution of the issues presented to the court. The end point is a workable plan for parenting in the best interest of the child. The format balances the interests of both parents and the child in compliance with state, federal and international law.     

Decision-Making Criteria in Child Custody Disputes That Involve Requests for Overnight Visits with Infants and Toddlers: Derived from a Review of the Literature

ABSTRACT

The court, child custody evaluators, and mediators are often faced with difficult decisions regarding how to best meet the needs of children from families who are involved in child custody disputes. In some cases, the court, child custody evaluators and mediators are asked to make decisions about parenting plans for infants and toddlers. When decision makers are faced with actual cases, they are likely to be assisted by lines of inquiry that help them gather the most relevant data to answer the question at hand. A review of the literature has led to the development of 13 criteria that decision makers can use to reach conclusions about whether overnight visits would be advisable with a given infant or toddler. The criteria are considered neutral and are not based on any bias or preconceived opinion about whether overnights with infants and toddlers are or are not advisable. Instead, the criteria proposed provide the decision-maker with an objective way of structuring their thinking about a particular case to insure that all pertinent information has been considered before reaching a conclusion about whether overnight visitation is in the best interest of a given child.     

An Open Letter to a Young Lawyer as She Enters the World of Oz

Abstract

This editorial tries, through the use of an open letter format, to raise some of the problematic issues faced by both practitioners and judges who deal with the issue of child custody. One of the flaws occurs when battered women see the court as their potential savior from victimization, while, in reality, the court, with its inadequate available resources, cannot do so. This editorial raises awareness of the importance of qualified experts and the need for neutrality. It sensitizes the reader to the difficulty that judges have in making difficult decisions on minimal nformation when custody issues are brought to the court for resolution.     

Evaluating the Probative Value of Child Custody Evaluations

Abstract

The ultimate purpose of a child custody evaluation is to assist children and their families to restructure their family lives after divorce. A competent forensic work product is defined, in part, by the eval-uator'S use of current state of the art forensic methods and procedures applied to child custody evaluations (Gould, 1998). In this paper, a detailed structure for reviewing the reliability and relevance of a child custody advisory report is provided in order to help these professionals produce a work product of greater weight and sufficiency to the court and a work product that is increasingly useful to the families we seek to help.     

Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Child Custody Evaluations in Cases Involving Sexual Abuse: A View from the Bench

SUMMARY

Psychological evaluation and testimony play a critical role in child sexual abuse cases, especially in custody and visitation cases. While the evaluation generally cannot determine whether sexual abuse has occurred, it can provide useful information to assist the court in deciding matters of custody and access in the face of the allegations. Judges need to know the standard of practice for the development of expert opinion in order to be able to evaluate testimony offered by custody evaluators. The informed judge can develop useful input by outlining expectations within the order for evaluation and actively regulating the gate for admission of expert testimony. Elements of a model order for custody evaluations addressing allegations of sexual abuse are proposed.     

Is “Best Interests” a Solution to Filling Potholes in Child Custody Planning?

ABSTRACT

The role of the child custody evaluator and the principle of “best interests” have been well contemplated in the literature. This article suggests that the “best interest principle” serves the purpose of providing fill for gaps in the court systems engaged in the work of child custody planning. Using sociologist Dorothy Smith's research approach, Institutional Ethnography, the writer unearths the purpose of these potholes using a concept Smith coined as “Ruling Relations.”     

Use of Psychological Tests in Child Custody Assessment

SUMMARY

This article describes a functional, comprehensive approach to the use of psychological tests and measures in a child custody evaluation. I describe a conceptual framework to be used in choosing assessment techniques that are used to assess functional aspects of parenting competencies and other related variables helpful in creating a reliable foundation from which to generate opinions about custodial placement and visitation access. Finally, I provide a practical example of how psychological test data might be presented in an advisory report to the court.     

The Investigation Component in Forensic Mental Health Evaluations

Abstract

Part of the data gathering and analysis in any parenting time evaluation involves investigation into sources of information that provide a factual basis for measuring key factors. However, this investigative function of the child custody evaluator has not been systematically described. In this article, investigative data collection is discussed in terms of holding a discriminating and skeptical eye in reviewing sources of information. The need to conduct forensic “detective work” and factfinding is discussed. The importance of the investigative mindset for the evaluator is to increase the completeness and accuracy of measurement of key variables, which increases the validity and accuracy of predictions on child developmental outcomes for the court.     

For the Love of Fluffy: Respecting,Protecting, and Empowering Transitional Objects in the Context of High-Conflict Divorce

ABSTRACT

Transitional objects are those idiosyncratically determined, beloved blankies and stuffed animals that communicate an absent parent’s affection. As such, transitional objects serve the short-term need to cope with separation, and the long-term need to move toward autonomy. This article discusses the value, use, and misuse of transitional objects in the context of coparental conflict. The concept of alienation-by-proxy is introduced. Specific recommendations are provided, including the therapeutic creation and empowerment of transitional objects to assist children experiencing separation anxiety, consideration of the role of transitional objects in child custody evaluations, and the court’s responsibility to encourage litigating parents to respect the child’s needs for transitional objects.     

Judgments regarding parental alienation when parental hostility or child sexual abuse is alleged

Abstract

Allegations of Parental Alienation (PA), the systematic disparaging of one parent by the other parent aimed at alienating their child’s affections, as a basis for child custody decisions are highly controversial. Claims of parental hostility or allegations of child sexual abuse in custody cases may trigger concerns about PA. Family court professionals (N?=?280) rated young children’s accuracy of report (e.g., suggestibility, honesty) in general and also read three custody scenarios varying as to whether or not they included allegations of parental hostility or child sexual abuse, or no such allegations. For each scenario, the alleged alienating parent’s gender was experimentally varied between subjects. Participants rated the likelihood that each case involved PA. For the scenario that included allegations of child sexual abuse, professionals who viewed young children as more inaccurate reporters or who read about the mother (rather than a father) as the alleged alienator were more likely to rate the scenario as involving PA. For the scenario that described parental hostility but no child sexual abuse allegations, professionals who were older or female were more likely to judge the scenario as involving parental alienation when a mother (rather than a father) was the alleged alienator, whereas there were no significant predictors of responses to the no-allegation scenarios. Findings are discussed in relation to the difficult task of evaluating custody cases for PA when parental hostility or child sexual abuse is alleged.     

A Dual Model for Completing Parenting Plans Postseparation

Dr. Kushner has more than 25 years of experience as a court‐appointed expert in matters pertaining to completing child custody evaluations (parenting plans) postseparation. This article combines her extensive practice experience and knowledge about social work theory to offer a “dual model of practice” that provides an alternative for child custody evaluators to consider when completing parenting plans postseparation. The model presented combines the strength-based and person-in-environment perspectives to provide an alternative way of conceptualizing the child custody expert's design of these complicated parenting assessments.     

Testing,One, Two,Three, Testing: An Attorney Perspective

SUMMARY

This article addresses the attorney perspective on the use of psychometric testing in the context of family law child custody evaluations. Although attorneys, judicial officers and child custody evaluators “use” psychometric testing in family law matters, the ways in which each discipline uses the information gleaned from the results of these tests as administered to child custody litigants can differ substantially. This article distinguishes the attorney perspective from the mental health perspective in the use of the results of such tests.     

What Happens When There Is Presumptive 50/50 Parenting Time? An Evaluation of Arizona’s New Child Custody Statute

ABSTRACT

The current study presents the findings of an evaluation of Arizona’s 2013 revisions to the child custody statutes that directed courts to “maximize” the child’s parenting time with both parents. A state-wide survey of the four family law professions (i.e., conciliation court staff, judges, mental health providers, and attorneys) assessed their perceptions of the law 4 years after implementation. We averaged the ratings across the four professions to obtain a comprehensive perspective that gave equal weight to each profession. Results revealed that the law functions as a rebuttable presumption of equal parenting time; that it is evaluated positively overall and in terms of children’s best interests; that it is has a neutral impact on legal and interparental conflict; and that it has led to small increases in allegations of domestic violence, child abuse, and substance abuse.     

Review of Empirical Research on Child Custody Practice

ABSTRACT

This article reviews the current state of child custody practice and its significant changes over the past 20 years. Three types of research methodology are reviewed regarding child custody practice: survey research with child custody evaluators, survey research with judges and attorneys, and content analysis of child custody reports. The assessment of specialized issues in child custody evaluations, such as sexual abuse and domestic violence, are addressed as well. Factors promoting change in child custody practice over the years are discussed, along with areas needing further improvement and research.     

A Floor,Not a Ceiling

Abstract

With the identification of twenty-six standards, this article argues that the child custody evaluation field has defined a set of minimum practice standards that go beyond the aspirational goals of existing “guidelines” and “parameters.7rdquo; These twenty-six standards constitute a floor, but not a ceiling, for conducting child custody evaluations (CCEs).     

Young Children's Problematic Sexual Behaviors,Unsubstantiated Allegations of Child Sexual Abuse,and Family Boundaries in Child Custody Disputes

ABSTRACT

Allegations of child sexual abuse are sometimes alleged based on a child's problematic sexual behaviors. When the allegations are unsubstantiated, child custody evaluators are asked to make recommendations regarding custody. Historically, it has been believed that if a child engages in problematic sexual behaviors it is strong evidence of child sexual abuse. Recent research finds that there are many reasons, other than overt sexual abuse, for children to engage in problematic sexual behaviors. This article outlines these reasons and provides a methodology for the evaluation of the boundaries in both parents' homes to assist in determining the possible etiology of the problematic sexual behaviors of the child. Suggestions are made regarding visitation and reunification if boundary concerns are found.     

Introduction

Abstract

This article introduces the initial issue of the new Journal of Child Custody and lays the framework for an emerging field. To date there is no peer-reviewed journal dedicated specifically and only to issues related to child custody. Something has been missing in the field of child custody. The Journal of Child Custody provides the missing piece in the puzzle called child custody.     

Ethnic Variations in the Two-Year Living Arrangements of Prenatally Drug-Exposed and Comparison Children Placed at Birth

ABSTRACT

This study reports on the outcomes of foster home placements of 1,038 African American, Latino, and White infants, prenatally exposed to drugs, removed from their mothers' custody at birth and placed in foster care and the outcomes of a comparison group of 203 infants similarly removed, but not known to have been drug-exposed. Twenty-four months after placement, slightly more than half of the White drug-exposed infants were still under court supervision, and two thirds of the African American and Hispanic infants. A similar situation existed for the comparison group, but the ethnic distributions were reversed. Although African American children predominated in the proportion that were in kinship care, the largest proportion of both Latino and White children were in kinship care. Policy and practice implications are discussed in terms of enhancing placement outcomes for prenatally drug-exposed infants in general and in terms of encouraging placement options that may vary depending upon the ethnicity of the child and the child's kinship ties.