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.     

Countertransference Bias in the Child Custody Evaluator

ABSTRACT

Concerns about bias which may arise in the child custody evaluation process have recently attracted critical attention. The types of biases addressed are those that primarily stem from cognitive psychology, as well as social and cultural sources of bias. Rarely discussed, however, is bias which can stem from evaluator countertransference, which if unrecognized can potentially lead to biased and non-objective recommendations. While one must strive to be objective and impartial, child custody evaluators are frequently working with highly charged emotional issues which may interact with their own personal issues or past experiences. This article examines the types of counter-transference phenomenon which may arise in the child custody evaluation, and presents tips for identifying and managing such reactions.     

The Use of Questionnaires in Child Custody Evaluations

ABSTRACT

Results from the author's recent survey, and a review of major texts and principal journals in the field, show that examiner-designed questionnaires are used extensively in child custody evaluations. It is clear, however, that experts face significant challenges regarding the admissibility of the evidence gathered from questionnaires in terms of meeting current legal standards. This article describes methods for improving the relevance, reliability, helpfulness, and validity of questionnaires within the context of a multi-method, multi-source assessment strategy.     

Countertransference Bias in Child Custody Evaluations Is Just a Horse of a Different Color: A Rejoinder to Martindale and Gould

ABSTRACT

The authors' reply to Martindale and Gould's critique of Pickar's article (2007a, this issue), “Countertransference Bias in the Child Custody Evaluator.” Martindale and Gould's objections to considering an evaluator's countertransference reactions as a potential source of bias are addressed by focusing on these four areas: (1) Whether it is useful to introduce the term “countertransference bias” to identify a potential source of distortion in custody evaluations; (2) How the empirical literature on countertransference in the context of psychotherapy might apply to the child custody evaluation process; (3) Clarification of areas of agreement and disagreement with Martindale and Gould, and (4) The importance of evaluator attempts at “debiasing.” We conclude that gaining awareness of countertransference reactions can only enhance the evaluator's ability to provide the most objective custody evaluation possible.     

Custody Recommendations of Israeli Social Workers

Abstract

This study examines the custody recommendations of a sample of Israeli social workers who advise the courts. It looks at their recommendations in relation to the child's wishes and the workers' assessments of the children's expected quality of life with each of the parents. The findings show that the social workers based their recommendations mainly on the child's preference where that was clear, and, where it was not, on the child's expected quality of life with the two parents. With this, maternal custody remained the default recommendation and paternal custody was recommended only when the quality of life the father was expected to enable was significantly higher than that the mother was expected to enable.     

So,Doctor, How's Your Sex Life? A Cross-Examiner's View of Countertransference

ABSTRACT

Bias can taint the forensic work product to a far greater degree than many lawyers and judges, as relatively unsophisticated consumers of psychological expertise, are aware. Daniel Pickar's article, “Countertransference Bias in the Child Custody Evaluator” (this issue) describes the deep roots and potential impact on evaluations that can emerge from countertransference thoughts and feelings forming in the shadows of the evaluator's psyche. This article examines countertransference bias primarily from the perspective of the cross-examining attorney charged with the obligation of revealing possible sources of invalidity underlying the expert's conclusions. It addresses also the legitimate concerns raised by David A. Martindale and Jonathan W. Gould that the wholesale importation of a highly nuanced and potentially confusing lexicon from psychoanalytic theory may yield more confusion than clarity. Finally, this article cautions as to the potentially fatal implications to evidentiary admissibility which may be encountered if an evaluator should, as suggested by Pickar, premise his or her conclusions, in part, on the subjective interpretation of counter-transference thoughts and feelings.     

Influence of the Caldwell report,and other computer generated interpretive reports,in child custody evaluations: A brief report

Abstract

This brief report reviews the use of MMPI-2 computer-generated interpretive reports in child custody evaluations. Particular attention was aimed at the Caldwell Report’s MMPI-2 Custody Report. Considering the recent temporary closure of the Caldwell Report, this article will discuss what scoring and report options remain currently for interpretive custody reports. A perspective is shared that a dependence on computer-generated interpretive reports is detrimental to the science and practice of custody evaluation work. Finally, the author calls for future and revised computer-generated interpretive reports to include more information regarding a link to conclusions, gender bias, and peer reviewed research.     

Evaluating Allegations of Child Sexual Abuse Within Complex Child Custody Cases

SUMMARY

This article provides a framework for identifying and assembling the interdependent elements of a child custody evaluation with allegations of child sexual abuse. The identification of several myths regarding child sexual abuse (CSA) introduces the subject matter of this article. A forensic evaluation model (Heilbrun, 2001) is then used to organize the custody evaluator's tasks into the following sequential classifications: (a) preparation; (b) data collection; (c) data interpretation; and (d) communication of results. Through this model, the entwined tasks of evaluating the child's needs and the parents' capacities to meet the child's needs, while simultaneously examining the question of child sexual abuse, are addressed.     

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).     

Clinical Ratings of Parenting Capacity and Rorschach Protocols of Custody-Disputing Parents: An Exploratory Study

SUMMARY

In this study, the Rorschach protocols of 98 parents undergoing custody evaluations were correlated with clinical judgments of their alienating co-parenting behavior, parent-child role reversal, lack of warm and involved parenting, and abuse of the child. The results indicate that this personality assessment instrument, scored according to the Comprehensive System, is likely to provide a relatively rich source of data relevant to assessing parenting skills and capacities in custody-disputing families that are convergent with clinical assessments drawn from clinical interviews, parent-child observations, and substantiated histories of child abuse.     

Risk Reduction Interventions in the Child Custody Relocation Case

Abstract

When a custodial parent chooses to relocate to a new community, the child of divorce faces a life transition that is potentially even more traumatic than the parental break-up. Recent developments in Relocation Law have guided courts to generally allow the custodial parent to move away with the child. Divorce effects research and a recent model of risk assessment for relocation suggest factors that predict potential harm or protection for the child. Family mediators and psychotherapists have important roles to play in reducing the risk. These tasks are described and six aspirational principles of risk reduction for relocation suggested.     

The Forensic Model

Abstract

Understanding the relationship between psychological ethics and scientifically informed methodology is critical to a competently crafted child custody advisory report. This paper offers a working definition of the forensic model and integrates elements of the 2002 American Psychological Association's Ethical Principles of Psychologists and Code of Conduct(American Psychological Association, 2002) with forensic methods and procedures as applied to child custody evaluations.     

Response to Amundson,Lux and Hindmarch: Critique of Investigative Practices Article

ABSTRACT

This article responds to a commentary by Amundson, Lux and Hindmarch (2005), in which they offer a pejorative criticism about our article (Austin & Kirkpatrick, 2004) in which we described the investigative component within comprehensive child custody evaluations–something they label as “maximalist” evaluations and contrast with a model they prefer called the “minimalist” approach. We believe our approach to custody evaluations is in keeping with the current standard of practice and professional guidelines.     

Subjective evaluations of alcohol-related consequences among college students: Experience with consequences matters

Objective: Research suggests college students rate some alcohol-related consequences less negatively than others, yet it is unclear how or when these differences in perception develop. The current study compared college students' subjective evaluations of alcohol-related consequences that they had and had not experienced in order to test the hypothesis that students become desensitized to the consequences they experience. Participants: Participants were 269 undergraduate students enrolled at a large, public, Midwestern university. Methods: Participants completed measures of drinking behaviors, consequences experienced, and subjective evaluations of consequences via an online survey. Results: Participants rated the consequences they had personally experienced more positively than those they had not experienced. Similarly, individuals who reported experiencing consequences rated them as significantly more positive than those who had not experienced the same consequences. Conclusions: Experience with consequences is associated with more positive evaluations of those consequences. Therefore, it may be important to consider individuals' experiences with, and evaluations of, alcohol-related consequences in college student drinking interventions.     

Shared Parenting After Parental Separation: The Views of 12 Experts

ABSTRACT

This article summarizes panel discussions that took place at an international conference on shared parenting (SP) held in May 2017. The panelists were internationally recognized experts on the legal and psychological implications of custody arrangements and parenting plans. Seven broad themes dominated the discussions: whether or not there was persuasive evidence that SP provides real benefits to children whose parents separate; what specific factors make SP beneficial; what symbolic value SP might have; whether there should be a legal presumption in favor of SP, and if so, what factors should make for exceptions; whether high parental conflict, parents’ failure to agree on the parenting plan, or dynamics of parental alienation should preclude SP; and what should happen when a parent wants to relocate away from the other parent.     

The Ackerman-Schoendorf Scales for Parent Evaluation of Custody (ASPECT): A Review of Research and Update

SUMMARY

The Ackerman-Schoendorf Scales for Parent Evaluation of Custody (ASPECT) was first published in 1992, with the ASPECT-SF developed and published in 2001. Since that time, there have been outcome studies, validity studies, and challenges to the psychometric properties of the ASPECT by various authors. This article addresses the validity studies undertaken since the 1992 publication and responds to the various criticisms leveled against the ASPECT. Discussion includes the use of the original ASPECT and the Short Form in its original format and as a structured interview for child custody evaluations.     

Incorporating the Principles of Scientifically Based Child Interviews into Family Law Cases

Abstract

In recent years, scientific work has been directed toward the evaluation of suspected sexually abused children. While in many ways this remains a controversial area, sound evidence has emerged regarding how children should be interviewed in order to enhance their ability to report their experience and as to avoid contamination of their memory. In this article, the authors take the position that the science is now sufficiently evolved so that such interviewing techniques can be applied to interviewing children in child custody evaluations.