Psychological Testing in Child Custody Evaluations With Ethnically Diverse Families: Ethical Concerns and Practice Recommendations

Given increasing ethnic diversity of divorcing families, it is more important than ever for family court evaluators to understand the ethical concerns and principles underlying the use of psychological testing with ethnic family members. Major professional organizations have promulgated the guidelines of child custody evaluation with an imperative to consider cultural factors in the evaluation. However, there is a paucity of literature that addresses ethnicity and psychological testing in child custody evaluations. This article addresses three major ethical domains: (a) competence, (b) test fairness, and (c) test interpretation when psychological tests are used. Practice recommendations provide guidelines to ensure ethical standards and competence in using psychological testing with ethnically diverse families in child custody and other family court evaluations.     

The Responsible Use of Psychological Testing in Child Custody Evaluations: Selection of Tests

SUMMARY

The responsible use of psychological tests in child custody evaluations requires an advanced understanding of both psychological issues of test selection and legal criteria regarding admissibility of expert testimony. This paper discusses the psychological and legal issues associated with test selection and with admissibility of expert testimony pertaining to psychological test data. It is argued that the legal standards of relevance and helpfulness require the methodology underlying an expert's testimony to be both reliable and valid. Therefore, it is essential to select psychological tests with demonstrated reliability and validity. Case law regarding expert testimony and the integration of professional practice guidelines pertaining to the use of psychological tests with ethical standards will be discussed.     

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.     

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.     

Arguments Against a Presumption of Shared Physical Custody in Family Law

ABSTRACT

The introduction of the “best interests of the child” standard as a legal presumption in family law in the 1970s signaled an important transition away from a maternal preference standard in child custody disputes, toward a recognition of the centrality and importance of both parents in the lives of children after parental separation. Paradoxically, this reform resulted in an increase rather than decrease in court-determined maternal sole custody. Despite robust empirical evidence in support of shared parenting, a gender convergence in child care roles, and increasing public support for shared parenting, the idea of shared parenting as a legal presumption has been met with skepticism and resistance among some legal and mental health professionals. This article traces the evolution of arguments against shared parenting since the concept was first introduced, from the early 1970s until the present day.     

Testing in child custody evaluations: An overview of issues and uses

The use of tests in child custody evaluations is controversial. Few tests were designed specifically for use in the custody context or include norm samples of parents involved in custody disputes. Use of data derived from tests administered in the custody context can create both scientific and ethical concerns in some cases. However, surveys of child custody evaluators indicate that test usage is common and has in fact increased substantially over the past several decades. The current article reviews the literature regarding the use of tests with adults and children involved in custody disputes and cases with alleged intimate partner violence. Psychometric properties of commonly used tests are discussed, as well as the risks and limitations of test usage in custody evaluations.     

Psychologists' Practices Compared to the Expectations of Family Law Judges and Attorneys in Child Custody Cases

Abstract

Three recent studies have explored the practices of psychologists (Ackerman & Ackerman, 1997), family law judges' expectations (Ackerman & Steffen, 2001), and family law attorneys' expectations (Ackerman & Kelley-Poulos, 2001) in child custody cases. This study compares psychologists' practices with judges' and attorneys' expectations as previously reported in the above studies. Similarities and differences among the groups are analyzed and discussed. Psychologists, judges, and attorneys are more alike than different in their practices, with notable exceptions reported. Implications for interpretation and recommendations in child custody cases are discussed.     

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.     

Shared Physical Custody: What Can We Learn From Australian Law Reform?

ABSTRACT

This article reviews the long battle to reform Australia’s custody and access laws between 1995 and 2011. The result is a law which strongly encourages courts to consider the option of shared physical custody, while also emphasizing the need to protect children from harm, not least from being exposed to family violence. The trench warfare over the text of the legislation between advocacy groups has now largely ceased. Good empirical research on the outcomes of reforms to the family law system assisted in clarifying the issues. However, the role of law in shaping parenting arrangements after separation should not be exaggerated. We can believe too much in law; and therefore, believe too much in law reform.     

Psychometric properties of the “parent-child relationship inventory” (PCRI) in a portuguese forensic sample

In Portugal, there is a gap regarding psychological tests validated for forensic contexts, particularly those related to child custody issues. The Parent–Child Relationship Inventory (PCRI) is one of the most used instruments in child custody contexts. This study aimed to analyze the psychometric properties of PCRI in a Portuguese forensic sample. PCRI factorial structure and psychometric properties were analyzed in a sample of 144 parents involved in child custody assessments. The questionnaire showed good internal consistency, except for the parental support, autonomy, and role orientation scales. It also showed good discriminant capacity. The confirmatory factor analysis did not replicate the 7-factor model proposed by Gerard. The results were discussed based on the use of PCRI in the context of child custody assessment.     

Complex Child Custody Evaluations: Evaluating the Alleged Incestuous Parent

SUMMARY

Professionals involved in child custody evaluations are sometimes confronted by the complex issue of one parent accusing the other parent of having sexually assaulted one of the children. There is scant research and theoretical literature to guide the professional in the evaluation of the alleged incestuous parent, or the attorney or judge reviewing such an evaluation. This paper describes the guiding principles of such an evaluation, how to structure the evaluation, methods used for data collection, interpretation of data, and the reasoning processes that lead to an ultimate opinion regarding the allegation. Hypothesis formation and testing is described. The form a recommendation should take given positive assessment findings and negative assessment findings is presented.     

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.     

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.     

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.     

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.     

A Move in the Right Direction? Best Interests of the Child Emerging as the Standard for Relocation Cases

SUMMARY

Relocation cases have become more common in our increasingly mobile society. After a divorce the parent with primary residential custody of a minor child may seek to move to a new location for a new partner, spouse, job, or family. The nonmoving parent objects and the courts have to decide whether to allow the child to move. This article explores the various legal approaches taken by American courts in trying to solve these difficult custody cases. While some courts presume it is not in the best interests of a child to move, others presume that it is. The majority trend, however, appears to be toward a best interests of the child standard with no presumptions.     

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).     

Is It Abuse,Alienation, and/or Estrangement?

Abstract

Allegations of family violence, child abuse, and alienation often occur in the same contested child custody case. Custody eval-uators often are poorly trained in forensic assessment of allegations of domestic violence and allegations of alienation. The authors of this article suggest language that is designed to differentiate between cases in which the term alienation is appropriate, as in non-abuse cases, and when it is best to use other language such as estrangement sabotaging, and counter productive protective parenting in cases where there is abuse. This article describes a decision tree that is designed to assist evaluators in identifying the causes of multiple allegations of maltreatment and abuse.