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.     

Sibling kinnections: a clinical visitation program

The growing literature on sibling relationships throughout their lifespans is of great importance to those working in the child welfare system, and in adoption services in particular. Sibling bonds are important to all of us, but they are particularly vital to children from disorganized or dysfunctional families. These relationships assume even greater importance when children from these families enter the care system. Supporting and sustaining these sibling bonds should be, and most often is, a priority throughout the child welfare system, with practice literature providing guidelines for arranging and sustaining sibling contact. However, children in the care system may also have dysfunctional sibling relationships as a result of their early experiences, and sibling visitation alone may not be enough to ensure a healthy, long-lasting relationship among siblings. Some form of sibling therapy, or 'clinically supervised visitation,' may be required to help children remove the barriers to form mutually satisfying relationships and to reinforce life-long relationships with each other.     

The Ethics of the Child Custody Process: Are the American Law Institute’s Guidelines the Answer?

Our principal ethical concern is that children have greatly differing opportunities to have their developmental needs addressed in the custody process. We illustrate this variation with example cases in five different adult contexts: custodial parent, relocates; natural father disputes an adoption; gay parents break up; “psychological parents” come forward to claim custody or visitation; and the Indian Child Welfare Act of 1978 is invoked and may disrupt a placement. We acknowledge and then evaluate in relation to our cases, the recent guidelines for custody issued by the American Law Institute (Principles of the Law of Family Dissolution: Analysis and Recommendations, 2002). Our recommendations for an ethical process include making the child a legal player.Eleanor Willemsen, Rebecca Andrews and Bethany Karlin are affiliated with Department of Psychology, Santa Clara University. Rebecca Andrews is now at Syracuse University Law School.Address correspondence to Eleanor Willemsen, Department of Psychology, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053; e-mail: ewillemsen @scu.edu. This research was supported by a grant from the Bannan Center for Jesuit Education of Santa Clara University. We wish to acknowledge Bree Nakashima for her assistance with our legal research.     

Effects of a video feedback parent training program during child welfare visitation

Behavioral parent training programs have documented efficacy for improving behaviors among parents and their children and are frequently used by child welfare agencies to prevent removal of a child from the parental home or to facilitate reunification. Although an ideal time for parent training might be during supervised visits where parents may practice skills with their children under the guidance and support of a therapist or caseworker, this is not typically the case. Most often, parents within the child welfare system receive parent training in small groups without their children present, and to date, few studies have examined effects of behavioral parent training interventions during supervised visitation. In this study, concurrent multiple baseline across behaviors design was used to examine effects of a behavioral parent training program, Filming Interactions to Nurture Development (FIND), on parental skill acquisition with four mothers who had lost custody of their children but were being considered for reunification. Children emitted little or no problem behaviors during baseline or intervention, so parenting behavior was the primary dependent variable. Results obtained across participants documented a clear functional relation between implementation of the FIND intervention and increases in developmentally supportive parenting behaviors. Results of social validity and contextual fit measures suggest the intervention was perceived by mothers to be positive, feasible, and appropriate within the child welfare context. Practical and conceptual implications, limitations of this study, and directions for future research are discussed.     

Does fathers' involvement in services affect mothers' likelihood of reunification with children placed in foster care?

Social science literature shows associations between fathers' involvement with their children and beneficial developmental outcomes of those children. A related but smaller body of research in the child welfare services arena has found measures of father involvement to be positively associated with beneficial child welfare outcomes, including child's reunification with parent after placement in foster care. However, the pathway by which father involvement affects reunification likelihood has not been determined. This study builds on the existing body of literature by testing a theoretical basis for the relationship between father involvement (measured as service use) and mothers' reunification in a model controlling for family structure. I find that fathers' involvement in services improves mothers' likelihood of reunification, independently of family structure. Results suggest that agency efforts to involve fathers in services make sense both when the aim is to prepare the father for possible custody, and when the aim is to reunify the mother.     

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.     

Visitation Orders,Family Courts,and Fragile Families

Despite proposals to make parenting time a part of all new child support orders, limited research has examined why some unmarried are more likely than others to establish legal visitation agreements. This mixed‐methods study draws on qualitative data collected from unmarried mothers and fathers living in New York (N = 70) to develop hypotheses about the contexts in which parents set up visitation orders, which are then tested in a large sample of unmarried parents living apart (N = 1,392). Both qualitative and quantitative findings show that disengagement, cooperation, and conflict in the coparenting relationship postseparation influence unmarried parents' decisions about whether to establish a legal visitation agreement. The qualitative data further illustrate how parents' distrust of the court system, preference for informal agreements, and uncertainty about the custody of nonmarital children inform their decisions. The article concludes by considering approaches for helping low‐conflict coparents set up visitation agreements outside of family court.     

Child custody placement outcomes for mothers

Internationally there is a broad literature on risks for child custody placements. In contrast, very little is known about their outcomes on parents. The topic is relevant not only for parents themselves but also for children placed outside their homes, as many children keep contact with their birth parents or return to live with them. In a retrospective cohort study setting we analyze child custody placement outcomes (social assistance receipt, unemployment and work disability) for mothers whose children had been taken into custody between 1997 and 2004 in Finland. Data from a child placement register were merged with several administrative social insurance registers. Comparison groups of population mothers are included in the study. The procedure yielded an internationally unique database. According to the results of our study, mothers whose children are taken into custody are more often unemployed and in need of social assistance than mothers in the comparison group. Furthermore, they are also more often on a disability pension, due to mental health problems in particular, than mothers in general. While considering the results, we examine family policy and general welfare policy implications of support to families whose children have been taken into custody.     

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.     

Social Workers’ Preparation for Child Protection: Revisiting the Question of Specialisation

Abstract

Child welfare work is a key field of practice for social work graduates and for graduates of a growing range of disciplines. In the present paper, the authors drew on a survey of 208 child welfare workers and interviews with 28 senior personnel in child and family welfare agencies to analyse perceptions of the educational preparation of social workers and other human science graduates for this field of practice. The findings indicated that child welfare workers and employers are ambivalent about the value of social work and other generic social science and human services programmes as preparation for tertiary or statutory child protection practice, which involves investigation, assessment, and intervention in child abuse and neglect. The authors argue that the social work profession must better balance generic and specialist aspects to prepare graduates for practice in specialist fields of high social work involvement, particularly in tertiary child protection work.     

Divorce,Custody, and Visitation:

This paper discusses children's perceptions of the divorce experience. Specifically, it illuminates children's perceptions of divorce, custody, and visitation. Custody and visitation arrangements have been made on the basis of what is believed to be in the best interests of the child. However, the viewpoint of the child is seldom considered in decisions concerning custody and access. Moreover, a negligible amount of empirical research has explored the child's interpretation of custody and visitation. This paper is an attempt to redress this imbalance. Findings based on in-depth interviews with 40 children and teenagers reveal a preference for the post-divorce family structure and more flexible visitation arrangements. Moreover, the feasibility of father and joint-custody is addressed.     

Near and Far

In this paper we distinguish between two measures of contact between children and their non-residential fathers: whether or not the children have seen their father in the previous year, and how many weeks the children stayed with their father. The distinction between the two is important because there are many aspects of a parent-child relationship, some of which may be met during shorter contacts, and others which may be nurtured during an extended visit at the father's house. Using data from the 1987-88 National Survey of Families and Households we find that having a legal agreement regarding joint custody is positively related to the number of weeks that a child stays with his/her father. Children are more likely to see their fathers if there is a legal child support agreement and the father pays child support, which indicates that paying child support and seeing the child are complementary activities. This pattern is reversed for the number of weeks the child stays with the father, which gives support to the hypothesis that non-residential fathers substitute one activity for another. This research highlights the need for careful consideration of different measurements of contact between non-residential parents and children in order to understand more fully the dynamics of families following divorce.     

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.     

The legal rights of LGBT youth in state custody: what child welfare and juvenile justice professionals need to know

Youth in state custody, regardless of their sexual orientation or gender identity, have federal and state constitutional and statutory rights. These rights guarantee a young person safety in their placement as well as freedom from deprivation of their liberty interest. Many lesbian, gay, bisexual, and transgender (LGBT) youth have these rights violated on a regular basis. Many cases in both the child welfare and juvenile justice contexts have resulted in extensive and time-consuming consent decrees as well as sizable damages awards. Knowledge of a youth's legal rights can help providers avoid legal liability while creating a safer and healthier environment for LGBT youth. This article provides a general overview of the successful federal legal claims that youth in the child welfare and juvenile justice systems have made, discussion of the rights generated as a result, particle application of these rights to the experiences of LGBT youth with hypothetical scenarios, a focus on specific rights that emanate from certain state laws, and a focus on specific concerns of transgender youth.     

FAMILY ASSESSMENT IN CHILD CUSTODY DISPUTES*

This paper has operationalized family systems theory to explicate the interfacing dynamics between family dissolution and child custody disputes. The authors suggest that clinical assessment and intervention in these matters which focus solely on individual and marital, or child dimensions, fail to recognize the powerful influences of systemic family process. A family assessment model, evolved from clinical work with over 200 court-referred custody cases, is described. The model involves a cross-sex therapy team with each member responsible for a specific family subsystem. The role of each therapist and the functioning of the team is outlined. Specific criteria for determining custody recommendations are identified based on patterns of family process and dissolution.     

Collateral Damage: The Lived Experiences of Divorced Mothers Without Custody

This qualitative study utilizing narrative analysis and grounded theory examines the history and experiences of 14 Canadian women who have lost custody of their children within a legal divorce process. Each woman's storied experience focused on themes of attachment and loss associated with involuntary child absence, legal abuse within the adversarial system, and judgment based on nonconformity to a motherhood ideal; physical violence and emotional abuse in the family system; access denial and parental alienation; stigma and lack of support services; and serious financial losses. Women's perceptions of their children's needs in the divorce process, mothers' responsibilities in relation to those needs, and the responsibility of social institutions to support mothers as parents were also examined. The study sought mothers' views about needed changes to the legal framework of child custody determination and other priorities. Implications for socio-legal policy are discussed, including a consideration of a rebuttable legal shared parental responsibility presumption as facilitating the most salutary postdivorce outcomes for women and children, as are guidelines for direct service provision.     

Noncustodial Fathers Following Divorce

Noncustodial fathers are men whose parental rights and obligations have been altered through judicial action, usually accompanying marital separation and divorce. In the majority of divorces, physical and legal custody of children is taken from fathers and reassigned to mothers only. Despite the curtailment of their decision-making authority and despite the limitations imposed on their day-to-day presence in their children’s lives, in the majority of divorces fathers retain the duty to provide economic support for their minor children. The bulk of quantitative research on the post-divorce involvement of men as noncustodial fathers is structured by explora- tion of the interrelationships among these parameters: child custody awards, visitation privileges and performance, child support awards and compliance, and child well-being. The documentation of important linkages between child support compliance and child outcome have focused both social science and legislative attention on means to foster greater paternal acceptance of responsibility for children. Research using open-ended interviews and smaller surveys of limited samples have been of great importance in providing a richer understanding of the noncustodial father-child relationship. To retain(or for some, to build for the first time) a meaningful paternal relationship, men are challenged to find new ways to confront issues of autonomy, connectedness and power. However, societal supports for moving beyond the traditional polarization of genders and roles through which families have been organized are sorely lacking. The ways in which men respond to the changes precipitated by divorce are influenced by a number of factors related to their own self-definition as well as to the broader social context in which they operate. In order to design psychoeducational or therapeutic interventions that allow noncustodial fathers to adapt in ways that are beneficial to themselves and ultimately to their children, an awareness of these factors is imperative.     

“Basically,I look at it like combat”: Reflections on moral injury by parents involved with child protection services

This study considers any “moral injury” occurring among parents involved with the Child Protection System (CPS). Moral injury refers to the lasting psychological, spiritual and social harm caused by one's own or another's actions in a high stakes situation that transgress deeply held moral beliefs and expectations. The existing literature focuses on military contexts, but moral injury also may play a role in increasing the vulnerability of CPS clients who are threatened with loss of their parental rights and dissolution of their families. We administered a modified version of the Moral Injury Events Scale (MIES) (Nash et al., 2013) to 10 CPS involved parents. We then conducted in-depth, semi-structured, audio recorded individual interviews with parents to elaborate their responses to the MIES. Parents' MIES scores and interview elaborations suggest that some CPS-involved parents do experience moral injury. Moral injury was reported as a result of their own parenting behaviors, but also as a result of parents' involvement with professionals and within social systems that are charged with providing assistance to struggling families. For instance, some parents perceived professionals to be shaming, social services to be harmful and legal proceedings stigmatizing. Parents' reported reactions to morally injurious events included lasting feelings of guilt, shame and anger; and loss of trust in professionals. These responses impeded their perceived abilities to fully engage in services. If involvement in CPS places parents at increased risk of moral injury, then moral injury is a critically important construct for child welfare policy makers and workers to understand and address in the conduct of effective, ethical child welfare practice.     

Making visits better: the perspectives of parents,foster parents,and child welfare workers

Mothers of children recently placed in foster care, foster mothers, and child welfare workers participated in semistructured, clinical interviews focusing on the challenges of parent visitation with young children. Mothers described their feelings of grief, trauma, and rage about the forced separation from their children and stressed the importance of emotional expression and communication during visits. Child welfare workers described the complexities of supporting emotionally close parent-child interactions while monitoring and assessing parental behavior during visits. Foster mothers described the importance of preparing children for visits and the difficulties of supporting the children afterward. Implications of understanding mothers', foster mothers', and child welfare workers' perspectives on enhancing the quality of visits with young children are discussed.