Joint Custody

Research results on joint custody have changed and a consensus has emerged in the psychological literature which suggests that joint custody should be a rebuttable presumption of the court. Twenty states currently have joint custody as either a presumption or a preference. The available literature also supports the following conclusions: (1) Non-custodial parents are often intentionally victimized through visitation denial, and children are hurt when the relationship with either parent is broken in that manner; (2) Children adjust much better to divorce in joint custody compared to sole custody situations; (3) Children's attachment bonds to both parents are essential for healthy development, and those bonds should be protected by the courts; (4) Joint custody leads to much higher compliance with financial child support obligations; (5) Mothers are much better adjusted and supported more in joint custody situations; (6) Litigation and relitigation is lower in states which have a presumption for joint custody; (7) Joint custody is the preferred option in high conflict situations, because it helps reduce the conflict over time-and that is in the best interests of children.     

Practice Guidelines In Child Custody Evaluations for Licensed Clinical Social Workers

Child custody evaluations and decisions are often complicated and emotionally charged. The following guidelines are offered as a framework for clinical social workers who are asked by the judicial system to undertake these evaluations. The historical background of child custody and the theoretical considerations that have guided the courts are reviewed. The traditional areas of consideration and the empirical data related to these areas are examined. The guidelines present pertinent information regarding ethical considerations, parent–child relationship, parenting style, gender issues, parental conflict, parental alienation, domestic violence, race, religion, sexual preferences, geography, parental psychopathology, substance abuse, child’s preference, physical health of the child, and behavioral health of the child. A format for the evaluation process is described and includes the role of the clinician, confidentiality, fees, and review of documents, interviewing, home visits, psychological testing, and the actual written report. Making recommendations to the court regarding child custody is an area of practice that clinical social workers encounter in ever-increasing numbers. Clinical social workers are called upon to give recommendations regarding child custody in neglect or abuse cases, in termination of parental rights proceedings, and in the area divorce and of guardianship. In an effort to provide clinicians with scientifically grounded parameters for rendering these recommendations, the following guidelines are recommended. These guidelines provide a framework of scientific principles, along with established and accepted clinical practice, to enhance the practitioner’s decision making in these challenging and complicated cases. The guidelines are specifically designed for clinical social workers doing custody evaluations in cases of marital divorce and are restricted to that area of practice.     

Timing of Parental Separation and Attachment to Parents in Adolescence: Results of a Prospective Study from Birth to Age 16

Using prospective longitudinal data from the Christchurch Health and Development Study (CHDS), this paper examines the effects of parental separation on the quality of adolescents' attachment to parents and their perceptions of parental care and overprotection during childhood. Exposure to parental separation was significantly associated with lower attachment to parents in adolescence and more negative perceptions of maternal and paternal care and protection during childhood. When examined in relation to the developmental timing of first separation, a linear relationship between the age at first separation and later parental attachment and perceived parent–child relations was found. The younger the age of the child at the time of separation, the lower their subsequent parental attachment and the more likely they were to perceive both their mother and father as less caring and more overprotective. No gender differences were found in children's responses to parental separation. These findings persisted after control for the confounding effects of family social background, marital conflict, parenting, child behavior, and remarriage. Results supported the importance of the early childhood years for the development of a secure and enduring attachment relationship between children and their parents.     

Mastery or Misery: Conflict Between Separated Parents a Psychological Burden for Children

This qualitative research examined parenting, parental conflict, and parent–child relationships following separation in the context of Australian government reform in 2006 and subsequent changes to the Family Law Act (1975). Participants were English-speaking men and women, age 16 to 27 years. The research was guided by attachment theory and social conflict theory, and embedded in grounded theory. The Cooperative Competitive Parental Conflict model emerged from the data. Two factors moderated the parent–child relationship: emotional security and responsive parenting. The research found it was not parental conflict, but how parental conflict was handled, that created the psychological burden for a child.     

The Influence of Parental Separation and Divorce on Father–Child Relationships

ABSTRACT

Using a risk and resilience theoretical framework, this study examined the influence of parental divorce during childhood on father–child relationship quality in young adulthood. Relationship quality was measured using nurturant fathering and modified father involvement scales, and self-reports of current amount of face-to-face and verbal father–child contacts. Comparisons on these measures were made between 107 young adults from intact and 96 from divorced family backgrounds. The divorce group was also examined in isolation to explore how divorce-related factors—including structural, early contact, and interparental relationship factors—predict young adults' perceptions of their father–child relationship. Results demonstrate young adults from intact family backgrounds report a comparatively stronger father–child relationship. Among divorce group participants, structural factors (higher father socioeconomic status and joint custody) and early contact (greater percentage of time spent with father postdivorce) were predictors of higher scores on combined nurturant fathering and involvement measures. Greater early contact and stronger interparental relationship factors (low conflict and high contact and cooperativeness) similarly predicted current contact.     

Acculturation Gap,Intergenerational Conflict,Parenting Style,and Youth Distress in Immigrant Chinese American Families

This study examined mother–child acculturation gaps in relationship to youth distress and the possible mediating role of parent–child conflict and parenting style in a sample of 81 Chinese American families. Hierarchical multiple regression analyses provided partial support for a relationship between acculturation gaps and youth distress. No mediators of this relationship were found; however, post-hoc analyses indicated that intergenerational conflict and parenting style were associated with youth distress above and beyond acculturation gaps. These results suggest that interventions developed to reduce parent–child conflict and increase parental bonding (increase parental warmth and decrease parental overprotection) may be valuable for Chinese American adolescents, regardless of acculturation gap status.     

Mothers’ Parenting Stress and Engagement: Mediating Role of Parental Competence

ABSTRACT

Guided by role-strain theory and the spillover hypothesis, this study used data (n = 2,637) from the Fragile Families and Child Wellbeing Study to examine the link between mothers’ parenting stress, perceived parental competence, and parental engagement when the child was age 1, 3, and 5, respectively. Analyses were based on a multiple-sample path analysis that tested direct and indirect effects for mothers of biologically intact and nonintact families. Mothers who reported higher levels of parenting stress at child age 1 experienced lower levels of perceived parental competence at child age 3. Higher levels of perceived parental competence at child age 3 predicted increased mother–child engagement levels at child age 5. Test of indirect effects confirmed that perceived parental competence mediated the relationship between parenting stress and parental engagement for mothers of intact and nonintact families. Implications are discussed.     

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.     

Post-Divorce Father Custody

Summary

This study examined the effects of different custodial arrangements following divorce and the impact they have on the adult romantic functioning of the children. It used 72 undergraduate participants coming from mother custody, father custody, or non-divorced backgrounds. Results indicated that custodial arrangement had largely no significant effect on the satisfaction felt in relationships, or in general attachment style. The gender of the participant was found to be a factor, with females exhibiting more security in romantic relationships and males showing a tendency to place relationships as secondary in their lives. While non-significant findings for the custody main effect seem discouraging at first glance, a discussion ensues speculating as to the utility of parental divorce as a useful sole independent variable in future studies. With divorce becoming commonplace in America today, it seems that studying parental styles may yield results more germane to current issues.     

Factors Linked with Coparenting Support and Conflict After Divorce

We examined the relationship between personal and interpersonal indicators of postdivorce adjustment and dimensions of coparenting (support, overt conflict, covert conflict) using data from 176 recently divorced mothers. Mothers’ satisfaction with the divorce decree, perceptions of fathers as important for child development, and being satisfied with fathers’ parenting were associated with more supportive coparenting. Mothers’ satisfaction with the divorce decree and fathers’ parenting were associated with less overt conflict. Factors differed for mothers’ reports of their own and their former spouses’ use of covert conflict behaviors, with these factors linked to satisfaction with the divorce decree and perceived stress, respectively.     

Familism, Interparental Conflict, and Parenting in Mexican-Origin Families: A Cultural-Contextual Framework

The present investigation examined the relations between the cultural belief of familism and various aspects of family functioning and child adjustment, including interparental conflict, parenting, and children's attachment to school, in a sample of 549 two-parent Mexican-origin families. The results indicated that parents' familistic values were negatively associated with interparental conflict for both mothers and fathers. Parents' familistic values were also indirectly associated with parenting through the marital relationship. Interparental conflict was negatively associated with nurturant-involved parenting for both parents, but particularly for fathers. Interparental conflict had an indirect negative effect on children's attachment to school via mothers' and fathers' nurturant-involved parenting. Both paternal and maternal nurturant-involved parenting behaviors were positively associated with children's attachment to school across two time points. Child gender differences are also discussed.     

Joint Custody Arrangements in the Postdivorce Family

Interviews with 41 divorced parents who have court-awarded joint custody reveal several characteristics of shared parenting arrangements. Although some parents divided parenting responsibilities fairly equally, most exhibited a varietv of shared parenting patterns, with differential involvement of the nonresidential parents. The majority (86%)of the sample reported satisfaction with their joint custody arrangements, although nonresidential parents reported a greater number of specific dissatisfactions than did residential parents. Findings reveal joint custody to be a viable option for some divorced parents: in sharp contrast to the assumptions of Goldstein, Freud, and Solnit (1973), these divorced spouses can continue to share parenting even though they have terminated a marital relationship.     

New Parents' Psychological Adjustment and Trajectories of Early Parental Involvement

Trajectories of parental involvement time (engagement and child care) across 3, 6, and 9 months postpartum and associations with parents' own and their partners' psychological adjustment (dysphoria, anxiety, and empathic personal distress) were examined using a sample of dual‐earner couples experiencing first‐time parenthood (N = 182 couples). Using time diary measures that captured intensive parenting moments, hierarchical linear modeling analyses revealed that patterns of associations between psychological adjustment and parental involvement time depended on the parenting domain, aspect of psychological adjustment, and parent gender. Psychological adjustment difficulties tended to bias the 2‐parent system toward a gendered pattern of “mother step in” and “father step out,” as father involvement tended to decrease and mother involvement either remained unchanged or increased in response to their own and their partners' psychological adjustment difficulties. In contrast, few significant effects were found in models using parental involvement to predict psychological adjustment.     

Parental Gatekeeping and Child Custody Evaluation: Part III: Protective Gatekeeping and the Overnights “Conundrum”

ABSTRACT

The concept of parental gatekeeping and the forensic evaluation model for child custody disputes is described and applied to the context of considering overnight care by fathers for infants and toddlers. The forensic model is briefly described: facilitative, restrictive, and protective gatekeeping. The gatekeeping continuum is described, ranging from extreme restrictive to very facilitative and inclusive. Gatekeeping is isomorphic with a common best interest statutory factor on support for the other parent–child relationships. The limited research on overnights and child outcomes is briefly reviewed and discussed in the context of attachment theory. The concept of social capital is introduced as an explanatory concept for research that shows the benefit of joint parental involvement and shared parenting, including overnight care by fathers. Attachment and social capital are presented as complementary, explanatory concepts for understanding the gatekeeping and overnights issues. The conservative school of thought on overnight care by fathers is discussed in terms of a justification analysis as part of the gatekeeping model. Mothers opposing overnights need to show with behavioral specificity how overnights would be harmful to the child and then how the father can still be afforded substantial involvement in the present and future.     

Parenting Stress,Parental Reactions,and Externalizing Behavior From Ages 4 to 10

The association between parenting stress and child externalizing behavior, and the mediating role of parenting, has yielded inconsistent findings; however, the literature has typically been cross‐sectional or unidirectional. In the current study, the authors examined the longitudinal transactions among parenting stress, perceived negative parental reactions, and child externalizing at 4, 5, 7, and 10 years old. Models examining parent effects (parenting stress to child behavior), child effects (externalizing to parental reactions and stress), indirect effects of parental reactions, and the transactional associations among all variables were compared. The transactional model best fit the data, and longitudinal reciprocal effects emerged between parenting stress and externalizing behavior. The mediating role of parental reactions was not supported; however, indirect effects suggest that parenting stress both is affected by and affects parent and child behavior. The complex associations among parent and child variables indicate the importance of interventions to improve the parent–child relationship and reducing parenting stress.     

Planned Gay Father Families in Kinship Arrangements

The current study examined whether there are differences between gay father families (n = 36) and heterosexual families (n = 36) on father‐child relationship, fathers' experiences of parental stress and children's wellbeing. The gay fathers in this study all became parents while in same‐sex relationships. They donated sperm to lesbian couples and then shared the child‐rearing with them in kinship arrangements. It was also examined whether aspects that are related specifically to gay fathers (i.e., experiences of rejection, having to defend their family situation, with whom the children live, and conflicts with the children's mothers) are also related to the father‐child relationship, parental stress and children's wellbeing. Data were collected by means of questionnaires filled in by the fathers. No significant differences between the family types were found on emotional involvement and parental concern in the father‐child relationship, parental burden (as an aspect of parental stress) or the children's wellbeing. However, gay fathers felt less competent in their child‐rearing role than heterosexual fathers. For gay fathers especially, experiences of rejection and the feeling that they have to defend their situation were significantly related to father‐child relationship, parental stress and children's wellbeing.     

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.     

Unpacking Court Divorce Decrees,Children’s Outcomes,and Three Unconfounded Determinants: An Evidence-Based Look

This article examines evidence on 3 determinants of the outcomes of children of divorce that are shaped but neither confound or are confounded by court decrees for custody and parenting time: father contact or involvement, high interparental conflict, and domestic violence. This evidence is brought to bear in an analysis that contrasts predictions based on the rationales for sole maternal versus joint custody and explores implications for judicial decision making. It is found that the best-interests-of-the-child standard better serves children in contested cases when this evidence is taken into account. A call is made for rebuttable presumptions for joint custody and commensurate parenting time except when parent-perpetrated violence or other patterns of abusive behavior are substantiated. Steps for judicial reform are proposed.     

Mothers' and Fathers' Work Hours,Child Gender,and Behavior in Middle Childhood

This study examined the association between typical parental work hours (including nonemployed parents) and children's behavior in two‐parent heterosexual families. Child behavior was measured by the Child Behavior Checklist (CBCL) at ages 5, 8, and 10 in the Western Australian Pregnancy Cohort (Raine) Study (N = 4,201 child‐year observations). Compared to those whose fathers worked fewer hours per week, children whose fathers worked 55 hours or more per week had significantly higher levels of externalizing behavior. This association was not explained by father–child time during the week, poorer family functioning, or overreactive parenting practice. Further, when stratifying the analysis by child gender, this association appeared to exist only in boys. Mothers' work hours were unrelated to children's behavioral problems. The role of parent and child gender in the relationships between parental work hours and children's behavioral problems, together with mediating factors, warrants further investigation.     

The Voice of the Child in Parenting Coordination: Views of Children,Parents, and Parenting Coordinators

This article examines the views of children, parents, and parenting coordinators (PCs) on child inclusion in the parenting coordination process. Participants in a parenting coordination pilot project in Montréal, Quebec—10 children (ranging in age from 8–17 years old), 14 parents, and 2 PCs—were interviewed at the end of the project. The goal was to understand their perceptions of child participation in parenting coordination interventions. Overall, a vast majority of children and parents agreed that children should be given a forum in parenting coordination and their voices heard. Feedback from PCs on their child inclusion experience also provided rare insight into this practice. Results confirm the importance for children of being heard in postseparation interventions, even when parental conflict is high. These findings add to the growing literature on the participation of children in postseparation interventions.