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 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.     

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).     

Strategies to Address Clinical Bias in the Child Custody Evaluation Process

ABSTRACT

Researchers have explored the existence and effects of bias on decision making for decades. Studies indicate that mental health professionals are not immune from unintentional bias in judgments, including those in forensic situations. Custody evaluators should be aware of the pitfalls that exist in clinical decision-making as well as strategies to address them. This article connects existing insights from therapeutic and forensic literature to the field of custody evaluations. An overview of clinical bias in custody evaluation is offered to familiarize practitioners with the range of possible problems. Examples, such as biases inherent in the scientific process and the clinical relationship, are followed with specific recommendations regarding how to address issues of clinical bias during evaluation. Insights are offered for judges and attorneys to improve the quality of reports they receive.     

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.     

Introduction to the Volume on Psychological Testing in Child Custody Evaluations

ABSTRACT

Allegations of domestic violence are among the most difficult to assess when they are posed during a child custody evaluation. We discuss the social and political context within which such evaluations occur. We describe both historical and current conceptualizations of and research concerning domestic violence. We end by discussing a variety of factors evaluators may consider using when developing an evaluation protocol to assess allegations of domestic violence within the context of child custody disputes.     

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.     

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.     

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.     

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.     

Critiquing a Colleague's Forensic Advisory Report

Abstract

The purpose of this article is to provide a protocol within which to frame a critique or critical review of a colleague's custody evaluation. While we think that the structure and logic of the following protocol may be applied to other forensic evaluations, our focus here is on the specific forensic specialty area of child custody and parenting access evaluations (CCEs).     

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.     

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.     

Rorschach Assessment in Child Custody Case

SUMMARY

This article describes the utility and limitations of the Rorschach Inkblot Test for addressing issues in child custody cases, with particular attention to identifying level of adjustment or psychological disturbance, personality characteristics that may foster or impede adequate parenting, and possible childhood experiences of trauma and sexual abuse. Data are reviewed that document the scientific respectability and widespread use of Rorschach assessment and attest the regularity with which Rorschach-based testimony is admitted into evidence in the courtroom. Also noted are ways in which Rorschach findings can lend incremental validity to forensic evaluations and circumvent efforts atmalingering or deception.     

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.     

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.