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.     

Time for work,commuting, and parenting? Commuting parents' involvement with their children

For most Australian parents, there is continuing tension between work and family commitments. This tension is exacerbated by the need not only to have sufficient time available to children in the family but also for that time to be characterized by nurturance and guidance. This article reports on a qualitative study that explored how 21 part-time or full-time working parents, who also commute 10–15 hours a week to work, manage both the quantity and quality of their time with their young children (0–5 years). The study revealed the difficult conditions of commuting and the importance of social support to parents' well-being, as well as a significant pattern of parent–child interaction which we have described as ‘attentive parenting.’ Parents felt these activities contributed to the parent–child bond and their children's well-being in spite of an acknowledged lack of interactive time.     

Child sex abuse and the Irish criminal justice system

The aims of this study were to develop scales to assess experiences of sexually abused children in the Irish criminal justice system (CJS); identify aspects of the CJS which children experience as negative; compare the perceptions of children, parents and professionals of sexually abused children's experiences of the CJS; and determine correlations between perceptions of children's CJS experiences and current psychological adjustment. Forty‐three children, 101 parents, 32 mental health professionals, 27 police officers and 21 lawyers completed parallel versions of the Criminal Justice System Questionnaire (CJSQ) which assessed satisfaction with aspects of the CJS relevant to sexually abused children, specifically: Gardaí (police), medical examination, Director of Public Prosecutions, waiting for court, court professionals, court context and the CJS. Fifteen scales were developed by conducting principal component analyses. Children gave negative ratings on nine of these, and on seven children, parents and professionals differed in their perceptions of how children experienced the CJS with mental health professionals viewing the impact of the CJS as more problematic than parents and children. Scores of children and parents on CJSQ scales correlated with indices of current psychological adjustment. These results point to the importance of making the Irish CJS more child‐friendly and for evaluating these reforms with the CJSQ. Copyright © 2011 John Wiley & Sons, Ltd.     

Parental Imprisonment and Child Protection: A Study of Children Presented to the Melbourne Children's Court

Abstract

This paper reports on a study funded by the Criminology Research Council, Australia, which set out to investigate the intersection between the child protection and criminal justice systems and the extent to which children before the Melbourne Children's Court on child protection matters had a parent currently in prison, awaiting sentencing, or previously in prison. Magistrates identified 156 children as meeting these criteria during the study period June to December, 2006. Analysis of court records gathered quantitative and qualitative data about parents' offending, why the children had been brought to the attention of the court, and the health, welfare, and behavioural concerns the child protection service expressed about the children. There was no coordinated response by the child protection and justice systems to managing these children's situations. Early intervention and the development of child protection service protocols with the corrections system for children whose parents enter prison is essential, to better address the instability and disruption in care these children experience.     

Social Demographics,the School Environment,and Parenting Practices Associated with Parents' Participation in Schools and Academic Success among Black,Hispanic, and White Students

This study explored social demographic factors, school environmental factors, and parenting practices that are associated with child academic success and school-based involvement among the parents of Black, Hispanic, and White students. Analysis of 12,426 parents who completed the National Household Education Surveys-Parent and Family Involvement Survey revealed that parent's participation in school is linked to better grades and is associated with supportive schools and positive parenting practices. The study also revealed that parents who were Black and Hispanic, non-native English speakers, lived in unsafe neighborhoods, and had less than a high school education were less likely to visit the school. The article suggests culturally responsive strategies for school leaders and parent advocates to engage parents in their children's education.     

Ethical Issues in Child Custody and Dependency Cases

Abstract

The emotional and psychological risks to children of high conflict divorce have led to the increased involvement of mental health professionals in child custody cases. Numerous service models (Greenberg & Gould, 2001; Johnston, 2000; Johnston & Roseby, 1997) have been developed to assist divorcing families in minimizing family conflict and supporting children'S needs. This underscores the need for judges and attorneys to understand the ethical and professional standards that underlie competent mental health practice in forensic cases. The practices of mental health professionals providing court-related services may have a substantial impact on the validity of their professional opinions, the effectiveness of services provided to children and families, and children'S development and adjustment. The authors suggest core ethical and clinical issues to be considered by all psychologists who work in the context of custody disputes. It is hoped that these professional practice suggestions will also be useful to attorneys and judicial officers in assessing the quality of mental health professionals' opinions.     

Parental After‐School Stress and Psychological Well‐Being

The mismatch between employed parents’ work schedules and their children's school schedules creates the structural underpinning for an as‐yet‐unstudied stressor, namely, parental after‐school stress, or the degree of parents’ concern about their children's welfare after school. We estimate the relationship between parental after‐school stress and psychological well‐being in a sample of 243 employed parents of children in grades K–12. Parental after‐school stress is related to psychological well‐being. This relationship did not differ by parent gender or child age but was significantly stronger for parents of girls versus boys. Our results suggest that parental after‐school stress is an important stressor that affects the well‐being of a large segment of the work force and warrants further research.     

Children with problems: focusing on everyday life

This article presents the results of interviews with 24 children who had been in contact with child welfare and protection, school counselling or the child psychiatric clinic in a suburban community in Norway. The interview was constructed to cover the children's daily life and positive and negative life events, as well as their contact with the child welfare services. The results showed that the majority of the children lived rather structured lives within a variety of family constellations. Many children had little information about their contact with the child welfare services, and consequently had difficulties evaluating the effects of the assistance received. Their confidence seemed to depend upon the personal relationship established with the counsellor. The results can be used to counterbalance the bias from ‘problem- or deviant-oriented' research by focusing on competence and resources to get a realistic representation of client children's lives. Copyright © 1999 John Wiley & Sons, Ltd.     

Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Elementary School-age Children's Attitudes Toward Children in Same-Sex Parent Families

As numbers of families with same-sex parents increase in the United States, children are more likely to encounter diverse family structures. Given that young children can demonstrate in-group bias, prejudicial attitudes, and social exclusion, it is important to understand how children perceive their peers in diverse families. To our knowledge, no studies have assessed elementary-school-age children's attitudes about same-sex parent families. Here, 131 elementary school students (M_age = 7.79 years; 61 girls) viewed images of same-sex (female and male) and other-sex couples with a child and then were asked about their perceptions of these families, particularly the children. Results indicated participants' preferences toward children with other-sex versus same-sex parents. Developmental and practical implications about children's attitudes toward sexual minority parent families are discussed.     

Juvenile court pathways to legal permanence for children in substitute care

Using administrative data describing the contemporaneous substitute care and juvenile court histories of 8116 children entering substitute care in Cook county Illinois, this study examines children's pathways to legal permanence. Specifically, by parsing children's exit to permanence by its constituent legal milestones, and examining the extent to which variability in the rates of these milestones are attributable to the court calendar (i.e., judge) and child levels, respectively, this study attempts to pinpoint the primary sources of variability in children's pathways to legal permanence. Results suggest that the transitions between certain legal milestones (e.g., disposition to reunification, disposition to TPR) account for a majority of the variability in children's exit to permanence. Results also suggest that a moderate amount of variability in permanency rates is attributable to court calendars, but that the magnitude of calendar-level influence varies considerably across legal milestone transitions; for some transitions (e.g., TPR to adoption finalization), calendar-level influence is effectively zero, whereas for other transitions (e.g., entry to dispositional order), calendar-level influence seems to eclipse the influence of observed child-level characteristics. Implications for child welfare and juvenile court scholarship, policy, and practice are discussed.     

Broadening the Array of Services: Integrating Legal and Social Work Services for Youth and Families

ABSTRACT

The Community Justice and Legal Assistance Clinic (CJLA) is a unique community-based legal clinic developed through a partnership between a law school and a child and family service agency embedded within a low-income community. This article describes the development of this clinic through a community assessment process; its unique multidisciplinary features; the services provided to clients in three of the agency's service areas; the benefits of the partnership for clients, the social service agency, the participating law students, and the law school; and lessons learned for replication of this type of clinic in other communities.     

The effect of social anxiety,generalized anxiety,depression and substance abuse on child support payment compliance among non-custodial parents

Millions of children live with custodial parents (CPs) who have child support court orders for the non-custodial parent (NCP) to provide payments to the CP for care of the children. Unfortunately, less than half of CPs receives full child support. A key issue influencing the failure to pay child support is NCP unemployment. Despite a clear association between unemployment and several mental disorders, the nature and prevalence of mental disorders has not been investigated in the NCP population. The purpose of this study was to explore the association between mental health and substance use problems among non-custodial parents and their payment of child support. The study also investigated whether unemployment mediated the relationship between these variables.Surveys that included validated screening instruments to assess for generalized anxiety, social anxiety, depression, and substance use disorders were administered to a convenience sample of 633 NCPs. Survey respondents were matched with state support payment information.The results indicated that depression, generalized anxiety, social anxiety and substance use problems were present at a much higher rate than 12-month rates of these conditions found in the general population. This study also confirmed the strong association between child support payments and employment. Employment mediated the relationship between mental health problems and child support payments. The findings suggest that non-compliant NCPs, particularly those who are also unemployed, may experience clinically significant mental health conditions that contribute to unemployment and potentially, payment non-compliance. Future studies could explore if providing mental health assessment and employment-focused treatment for mental health-related barriers to employment may increase employment and child support compliance for NCPs, thereby improving children's economic stability and well-being.     

Constructing children's psychological well-being: Sources of resilience for children left behind in Northeast China

Population mobility has become an inevitable trend of social transformation in contemporary China. Parental migration has changed family structure patterns and brought great uncertainty to the psychological well-being of left-behind children. By comparing left-behind children to children of non-migrants, this study examines the impact of parental migration on children's psychological well-being and the potential support of schools for children's resilience development along three dimensions: children's school belonging, teacher–student relationships and peer support. Using a mixed-method approach, this study draws on an original survey of children (N = 605) and in-depth interviews with children, parents, grandparents, and teachers (N = 41) in Hunchun City, Northeast China. Overall, maternal migration has a negative impact on children's psychological well-being. In addition to teacher–student relationships, school belonging and peer support significantly mitigate this negative impact; qualitative data further suggest that peer support distracts from, rather than offsets, children's poor psychological well-being associated with maternal migration.     

VIOLENCE

This qualitative research study explores determinants of child labor in two low‐income urban communities in Beirut and reveals that violence against children, both at home and at school, is a recurring theme. Our analysis of interviews with and observations of working children and their parents in their homes and at the children's work places shows that violence is an important determinant of child labor. Findings reveal that, contrary to the importance usually placed on family and school for children's well‐being, certain home and school environments may indeed be unfavorable for learning and development and thereby play a role in a child's decision to leave school and start work at a young age.     

The elementary-school functioning of children with maltreatment histories and mild cognitive or behavioral disabilities: A mixed methods inquiry

This mixed methods inquiry examined the school functioning of elementary school-aged children with maltreatment histories and mild cognitive or behavioral disabilities. Quantitative analyses of linked social service and education administrative data bases of 10,394 children in Minnesota with maltreatment histories indicated that 32% were eligible for special education services. Of those children with maltreatment histories and identified disabilities, 73% had mild cognitive or behavioral disabilities. The most frequent primary disabilities categories were specific learning disabilities (33%) and emotional/behavioral disabilities (27%). Children with maltreatment histories and mild cognitive or behavioral disabilities scored significantly below children with maltreatment histories and no identified disabilities on standardized assessments of math and reading, and this gap increased with grade level for math. Qualitative interviews with 22 child welfare professionals and 15 educators suggested why some children with maltreatment histories, especially those with mild cognitive or behavioral disabilities, struggle in school. Risks to school functioning included children's and families' multiple unmet basic and mental health needs which can mask or overshadow children's mild disabilities; poor cross systems collaboration between child welfare, education and mental health systems; and inadequate funding, especially for mental health services. Protective factors included child engagement in school, parent engagement with child welfare services and a professional culture of cross-systems collaboration. Implications are discussed for holistic child, family and system-level interventions.     

Protecting the child witness in the courtroom

The 1988 and 1991 Criminal Justice Acts have transformed the law and procedure governing the appearance of children as witnesses in criminal trials. Traditional legal constraints such as the competency test, the requirement of corroboration, the special warning to the jury and the hearsay rule have all been abolished or extensively qualified. In addition, the 1988 Act introduced a major procedural change in the form of the video-link which was designed to make it easier for children to give their evidence. A survey of existing research confirms that children do find the giving of evidence in open court stressful and that the experience may have long-term adverse consequences. A study for the Home Office indicated widespread acceptance of the use of the video-link among courtroom personnel and observational data confirm its effectiveness in empowering children's testimony. The 1991 Act allows pre-recorded video-taped interviews to be admitted as evidence in criminal cases but retains live cross-examination via the link. The legal requirements of such interviews will place heavy demands on interdisciplinary cooperation in training and the establishment of good practice. The impact of this novel scheme on child witnesses and the court deserves rigorous evaluation.     

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.     

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.     

Use of parent education to improve self-efficacy in parents of students with emotional and behavioral disorders

The results of a practice-based research project are described, in which parents of students with emotional and behavioral disorders (EBD) participated in a parent education presentation aimed at increasing parental self-efficacy. Results indicated that parents who participated did increase both their parental self-efficacy in regard to influencing their child’s school-related performance and helping their child succeed in school. Qualitatively, parents also reported the parent education was helpful and that they had tried suggested interventions at home. Though a small-scale pilot project, results are promising and suggest parent education is a feasible technique school districts can use to reach parents of students with EBD. Limitations and future directions are discussed.