PRACTICE TRENDS IN DIVORCE RELATED CHILD CUSTODY

This article examines the critically growing problem of divorce related child custody. The lack of clear and uniform custody guidelines which should underpin custodial selection is also discussed. The concept of psychological parenthood is offered as one criterion to assist in this crucial selection process; a concept which responds to the best interest of the child as well as to the practical demands inherent in the legal system. The author describes an experimental study of interdisciplinary practice trends among judges and mental health professionals-the two major professions involved in child custody decision-making. Both disciplines were able to select a custodial psychological parent however, differences were evidenced in the criteria they used to make their selection as well as in their satisfaction with these criteria. Practice implications for both professions are discussed.     

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.     

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.     

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.     

The Adversarial Legal Process and Divorce:

This study investigated the effects of the adversarial legal process per se upon the psychological adjustment of children of divorce. A highly controlled sample, including 23 fathers and 39 mothers, divorced for an average of 2.8 years, and a total of 103 children, was investigated. Parents were interviewed independently to assess the family system pre- and post-divorce. Divorce, as a function of the adversarial process, was categorized and entered, together with the age of child and the measures of family functioning, into a multiple linear regression. The Rutter A (2) Scale measured child adjustment. The ROLES dimension of family functioning, both pre- and post-divorce, as well as an acrimonious divorce, contributed significantly to the psychological maladjustment of children, indicating that the adversarial process does not "serve the best interests" of the child. It is recommended that the adversary process be replaced by a system of divorce mediation, via Family Courts.     

Representing children's views and best interests in court: an international comparison

This paper provides a comparison of a number of alternative models of international practice in relation to the appointment and organization of guardians ad litem and other children's representatives in child care and family proceedings. The paper notes that, in their attempts to address the need for children to have representation in matters affecting their welfare, English‐speaking countries have tended to conflate the two salient Articles of the United Nations Convention on the Rights of the Child, that is, Article 3, which deals with the child's best interests, and Article 12, which deals with their right to express their wishes and feelings. Where systems other than ‘stand alone’ legal representation have been put in place, the child's representative is charged with both assessing their best interests and, often as a secondary duty, communicating their views. The paper concludes that for some groups of children in public or private law proceedings, an advocate (rather than a best interest oriented guardian, and where necessary in addition to a legal representative) may enable better representation of the child in the courts and greater participation by children in legal proceedings, an increased role for children as citizens and a fuller implementation of their rights. Copyright © 2005 John Wiley & Sons, Ltd.     

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.     

Safety First

Abstract

A substantial percentage of contested child custody cases involve allegations of domestic violence. The impact on the psychological health and physical safety of the child exposed to domestic violence has only recently become a focus of the courts' and child custody evalu-ators' attention. Currently, the majority of state statutes include consideration of domestic violence in “best interests” child custody criteria. However, many of the statues do not provide the child custody evaluator the specific criteria to consider, especially if the domestic violence allegations have not been previously reported to authorities prior to the commencement of separation and divorce proceedings. This article presents the first three steps of the six-step Safety First Model, designed to assist the legal and psychological professions to focus on the priorities on the safety of children exposed to domestic violence.     

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.     

Adult Recall of Parental Alienation in a Community Sample: Prevalence and Associations With Psychological Maltreatment

Two hundred fifty-three adults working in a New York child welfare agency agreed to complete anonymous research packets containing, among other measures, 6 existing scales of psychological maltreatment and a single item about exposure to parental alienation as a child. Results revealed that one fourth of the full sample reported some exposure to parental alienation, which itself was associated with greater likelihood of reporting psychological maltreatment. These data document just how widespread parental alienation may be, as well as the likelihood that those exposed to it will experience themselves as having been psychologically maltreated. Implications of these findings are presented in terms of public awareness, education for divorcing families and their children, and professional training for the mental health and legal professionals working with them.     

Anger as a Frequent Factor in Custody Evaluation Complaints to Boards of Psychology

In order to provide the highest quality services when court-ordered to do child custody evaluations, it is important for mental health professionals, particularly psychologists who do psychological testing, to be clear about the ethical requirements associated with the child custody evaluation process. They should be impartial, thorough, and competent focusing on the best interest of the child. Mental health professionals have been accused of unethical and illegal behavior when doing such evaluations, in part, due to the anger associated with the outcome and/or the process. The ethical issues most associated with licensing board and ethics committee complaints and civil lawsuits focus on bias, informed consent, lack of symmetry, timeliness, finances, confidentiality, negligence, chemical dependency, multiple relationships, and failure to report/omissions.     

Child-related dimensions of placement stability in treatment foster care

Research shows increasing numbers of emotionally disturbed children entering foster care nationwide. As a result, there is growing interest in a special form of foster care known as therapeutic or treatment foster care. However, little information is currently available on the kinds of children who can benefit from this form of mental health care or on interactions between child characteristics and placement outcome. This paper begins to address this deficit in the knowledge base by proposing five psychosoical dimensions of child functioning associated with placement stability and outcome in treatment foster care. Current theory and research regarding each dimension are presented along with clinical examples.     

Psychologist and Physician Interest in Telehealth Training and Referral for Mental Health Services: An Exploratory Study

The current study explored psychological and medical professionals’ interest in videoconferencing telehealth training and mental health telehealth referral. An online survey assessed 782 participants comprised of 669 psychological (45% male, Mean Age = 47.01, SD = 16.82) and 113 medical professionals (58% male, Mean Age = 46.19, SD = 12.40). Z-test analyses indicated that although psychological professionals were statistically more interested in receiving telehealth training, both groups reported some interest. Ranked responses indicated efficacy data, ethical issues, and legal concerns as the most endorsed areas of training interest. Referral concerns were also found. Findings were discussed related to both statistical and clinical significance. Application of findings is discussed related to future work, practice, and program creation. The development of telehealth training programs will provide interested professionals with tools required for practice and may serve as an impetus to increase utilization and/or referral.     

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.”     

Funneling Child Welfare Consumers into and through the Mental Health System: Assessment, Referral, and Quality Issues

This qualitative study explores how consumers of child welfare services reach nonpsychiatric mental health providers and the perceived quality of these services. It relies on iterative interviews with individuals and groups, as well as on court observations from one metropolitan area. Results suggest that, consistent with theories of street-level bureaucracy, efficiency issues drive mental health service use, as clients are routinely subjected to psychological evaluations and funneled into mental health services as a matter of course. Referral practices are shaped by child welfare professionals' routines, discretion, and desire to meet such system objectives as providing short turnaround times for reports. The results suggest that, despite stakeholders' best intentions, maltreated children are not benefiting from thoughtful processes geared to screen for, assess, and provide targeted treatment for unmet mental health needs.     

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.     

Comment on Cross, Fine, Jones, and Walsh (2012): we are now on the same page

Role conflict has been an issue in the intervention of child abuse cases since the beginning of the alliance drawn between the legal and mental health professions. In child abuse cases, clearly defined roles will prevent an attack on the process, thereby providing successful interventions to protect children. The child advocacy center concept is one of the best ways to meld the two professional functions into a cohesive approach to those interventions.     

Risk factors for mental health diagnoses among children adopted from the public child welfare system

Children awaiting adoption through the child welfare system often have “special needs,” or characteristics that make securing an adoptive home for them challenging. A subset of these youth experiences significant psychiatric symptomatology, which may pose a problem for the stability of the adoptive placement. Clinicians and policymakers require information about precursors to mental health difficulties in order to plan effectively for the placement of these children.This study examines potential child and biological family risk factors for the presence of a DSM-IV mental health diagnosis among 368 children placed for adoption by a special needs adoption program between February 1997 and April 2005 using logistic regression within the Generalized Estimating Equations (GEE) framework. A significant proportion of the children and biological parents in our study experienced serious adversity prior to adoptive placement. Older age at adoptive placement, white race, male gender, having more than one placement, and a history of sexual abuse are significant predictors of the presence of a mental health diagnosis in the logistic regression model. Biological parent incarceration is significantly associated with the absence of a mental health diagnosis.Adoptive placement is a key transition for youth who have often experienced significant loss and trauma prior to placement. Support of the adoptive family and youth can be critical to ensuring placement stability and may be especially salient for youth with documented mental health diagnoses and corresponding behavioral problems, which put children at increased risk for placement disruption. More work is needed to understand the interplay of risk and protective factors for mental health difficulties among youth adopted from the child welfare system, including how these are affected by child welfare policies, informal procedures, and resources to produce varying outcomes for children in peril.     

Child protection under Swedish law—legal duality and uncertainty

Society's responsibility to protect children from harm as prescribed by the UN Convention on the Rights of the Child raises complex questions about the fundamental rights of both children and parents, as well as when and how authorities are to intervene in order to protect children from maltreatment. Many child protection systems around the world attract considerable criticism, due in part to how the law responds to child protection matters. This article examines the Swedish child protection system from a critical legal perspective with the ideas conveyed within Therapeutic Jurisprudence as a theoretical starting point. The aim is to describe and analyze the legal challenges and dilemmas that meet this system. A legal ambiguity about when and how responsible authorities are to intervene, leading to significant uncertainty for both children and parents, is identified. Furthermore, the strong focus by Swedish authorities on voluntary measures to resolve child protection matters can lead to vulnerable children not receiving the protection to which they are entitled. Certain of the challenges and dilemmas described here are specific to the Swedish system due to its legal context and family support approach. However, other aspects resonate across legal systems and, therefore, may be of a more general interest.     

Comment on Cross,Fine, Jones,and Walsh (2012): We Are Now on the Same Page

Role conflict has been an issue in the intervention of child abuse cases since the beginning of the alliance drawn between the legal and mental health professions. In child abuse cases, clearly defined roles will prevent an attack on the process, thereby providing successful interventions to protect children. The child advocacy center concept is one of the best ways to meld the two professional functions into a cohesive approach to those interventions.