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.     

Pop Goes the Woozle: Being Misled by Research on Child Custody and Parenting Plans

Mental health professionals, lawyers, and judges whose work involves child custody decisions are often presented with social science research on issues related to which parenting plan is in the children’s best interests. Unfortunately, this research can be misrepresented in ways that mislead these professionals and the children’s parents, leading to child custody decisions that are not the most beneficial for the children. The process of misrepresenting the research in ways that create myths and misconceptions has been referred to as woozling. This article describes how social science data can be woozled, illustrating this with examples related to parenting plans for children under the age of 5 whose parents have separated.     

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.     

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.     

Noncustodial Mothers Following Divorce

Historically women have been responsible for pro- viding the primary care of their children. This notion of responsi- bility for the care and well-being of children is central to the definition of motherhood. When mothers relinquish custody of their children prior to their 18th birthday, they elicit suspicions of deviance and nonnormality. There are an estimated 500,000 to 1,200,000 noncustodial mothers in the United States, with approxi- mately 75% being voluntary relinquishers. This chapter identifies, through a review of the social science literature on maternal noncustody and examination of a specific study, the broad range of reasons for becoming a noncustodial mother, as well as provides a clearer picture of the noncustodial mother-child relationship pursuant to relinquishment. An overall theme from the literature was a general societal disapproval regarding maternal custody relinquishment, which in the study described, negatively affected respondents self- perceptions. This study describes the social situation of women who voluntarily gave up custody of one or more biological children. Retrospective data identifying the factors influencing custody relinquishment and the events leading up to giving up custody are examined. Relationships between noncustodial mothers and their children are ex-plored pursuant to relinquishment, as well as the extent to which mothers regretted giving up their children. A sample of 130 noncustodial mothers responded to a 137-item life history questionnaire and three clinical assessment scales. One- hundred-and-two of the participants engaged in two- to five-hour interviews. Findings revealed that approximately 86% of the respon- dents cited multiple reasons for custody relinquishment. Financial considerations, emotional problems, threats of legal custody fights, and being in a destructive relationship with mate emerged as the most frequently reported reasons for giving up one’s children. The reasons for relinquishment as well as how the decision was handled with children had the greatest impact on the mother-child relation- ship. Almost 97% of the mothers actively maintained relationships with children following relinquishment. Seventy percent of those sampled were satisfied with their decision to relinquish in retrospect. Finally, recommendations for policy and practice were discussed. Agency and legal policies and procedures should reflect a sensitivity to conditions under which most mothers relinquish their minor chil- dren, especially a supportive national family policy. The provision of a child or family allowance, compulsory court-based mediation, and a more uniform state-to-state support enforcement are recom- mended. Practitioners need to employ contextually-specific interac- tions for noncustodial mothers and their families, as high anxiety may characterize the emotions of this variable type of single parent. Professionals interacting with potential noncustodial mothers should provide for them to make a more informed and less pressured deci- sion regarding relinquishment.     

Joint custody and co-parenting: not by law but by love

In recent years, joint custody and co-parenting of children after divorce or separation has received considerable attention. The authors advocate wider recognition of this option to sole custody and visitation, review pertinent legal and other literature, identify indications and contraindications, and briefly discuss the implications for social workers.     

Parent-child supervised visitation within child welfare and custody dispute contexts: An exploratory comparison of two distinct models of practice

This paper aims to untangle the assumptions and goals of supervised visitation services in the child welfare and custody dispute contexts, through presenting a legal analysis and review of social science literature. There is confusion in the literature on the specific roles, duties and expectations of supervised visitation services in facilitating parent-child contact within child welfare and custody disputes. A framework is outlined for understanding supervised visitation services in general. The overarching tenets of these services are discussed, and the assumptions of safety, protection and parent-child contact are explored. The legal context of supervised visitation in Canada is outlined, specifically examining the ‘best interest of the child’ principle and comparing the legal backdrop of visitation in child welfare and custody disputes. The social science literature is then reviewed with the goal of discerning supervised visitation across child welfare and custody disputes. The limited research on outcomes for children and families after utilizing supervised visitation services is discussed. This paper concludes with cautions and considerations for policy and practice for supervised visitation in child welfare and family law contexts, as well as recommendations for both fields.     

Ethical Violations: What Can and Does Go Wrong in Child Custody Evaluations?

Child custody evaluations can have a significant impact on the adjustment and well-being of children and family members. Custody evaluators must be qualified and held to the highest professional standards. The authors of this article review custody evaluations and often witness inadequate and unprofessional evaluations. In this article, ethical mistakes seen regularly are highlighted. Many mistakes occur when cases are complex and include allegations of child maltreatment or intimate partner violence. Therefore, it is important that custody evaluators be trained in family and child psychology, attachment dynamics, psychological assessment, child abuse, and intimate partner violence. Child custody work needs to be monitored closely to ensure that mistakes can be eliminated in order to avoid unnecessary harm to children and families.     

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.     

An Integrated Approach to Child Custody Evaluation

This paper provides an integrated approach to child custody evaluations through utilizing the "best interests" of the child and family systems frameworks. Although these frameworks differ in their basic orientations to conceptualizing the process of evaluating child custody cases, this article proposes that each model contributes to a comprehensive understanding of the complexities related to such conditions. In addition, these two perspectives offer a basis for making differential decisions based on the unique aspects related to a particular child custody case. The underlying assumptions and theoretical orientations of both models are identified and explored. Based on a discussion comparing and contrasting the two models, this paper offers a framework for utilizing both perspectives as well as a method for selecting the most appropriate approach to employ depending on the unique aspects of a child custody case. Recognizing the significant interplay between the legal and mental health professions, the authors identify the various issues that often impede successful collaborative efforts between these professional groups. In addition, guidelines are offered that can enhance the likelihood that these professions can work more effectively together.     

Securing Children’s Best Interests While Resisting the Lure of Simple Solutions

The best-interest-of-the-child standard for child custody policy and decisions has benefits and hazards, the latter related to the exercise of judicial discretion in custody disputes. This article examines alternatives to the status quo, including the primary parent presumption, the approximation rule, shared parenting, an exact even split of custodial time, sole custody for couples labeled as in high conflict or those with young children, the friendly parent presumption, and decisions that defer to children’s stated preferences. Each alternative promises simpler paths to securing children’s welfare, but some have more support than others in the social science literature.     

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.     

Treatment of noncustodial fathers: Gender issues and clinical dilemmas

This article addresses issues involved in the treatment of fathers who do not have custody of their children. It reviews literature on demographic trends and discusses fathers' reactions to loss of child custody. Assessment and treatment guidelines are offered so that clinical practice may become more responsive to the needs of the population. Gender concerns, particularly as they relate to transference and countertransference, are also discussed.     

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.     

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).     

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.”     

Experiences of Custody Evaluation: Perspectives of Young Adults Who Were the Subject of Family Court Proceedings as Children

ABSTRACT

Court-ordered custody evaluations are conducted primarily to assist courts in making decisions regarding the best interests of children in the context of parental disputes over custody and access. They also represent the most common means through which children's wishes in relation to custody and access are presented as evidence. This article reports on a qualitative research study of young adults' recollections of participating in custody evaluations ordered by the Family Court of Australia. In-depth interviews were conducted with 18 young adults, aged 18 to 26. Two major areas of inquiry are addressed in this article: (1) participants' recollections of interviews conducted by social workers and psychologists for the purpose of custody evaluation, and (2) their suggestions for ways in which professionals working with children in this context might make the process easier for children. Taken together, their experiences point to some useful principles for practice in this field.     

Lawyer and Counselor as an Interdisciplinary Team: Preparing the Father for Custody*

Traditionally, the mother received custody of the children unless she was clearly proven to be “unfit.“ The “unfit mother” concept has been superseded by a doctrine which would indicate that either parent has an equal right to custody, and the proper measure is what is in the “best interest of the children.” A father who seeks custody faces unique problems which the mother does not face because of her personal familiarity with the children, their needs and activities. Educating the father to fulfill these needs and to develop proper parenting skills is the role of the marriage and family counselor. Proving to the judge or jury who should be custodian is the duty of the lawyer with the guidance of the counselor. This article suggests areas which should be familiar to every father who is preparing for trial and provides a checklist for objective testimony.     

Shared Physical Custody and Children’s Experience of Stress

This article studies shared physical custody in Sweden, the country in the world where the phenomenon is most prevalent. We ask whether children in shared physical custody settings are more likely to report high levels of stress compared to children living in sole custody. The analysis is based on data with combined information from parents, children, and administrative registers. The models are controlled control for interparental as well as parent–child relationship quality and parents’ income. The results show that children sharing residence equally have lower likelihood of experiencing high levels of stress. The results can be interpreted as evidence for a positive effect of continuing everyday-like parental relationships after a family dissolution.