Child Custody Chapter 12

Legal History and Assumptions About Child Custody Types of Custody Sole Custody Divided Custody Split Custody Joint Custody Physical Custody Legal Custody

Legal Standards and Preferences for Child Custody Tender-years doctrine “a mother is the natural custodian of a child of tender years” Best Interest of the Child Standard (BICS) Uniform Marriage & Divorce Act (1979) mental and physical health of all individuals child’s adjustment to his/her home, school, and community each parent’s ability to provide food, clothing, medication, and other remedial care and material benefits to the child interaction and interrelationship of the child with parents or other individuals who might affect the child’s best interest wishes of the parents and the wishes of the child Any other relevant factors

Additional Legal Preferences Biological Parent Sexual orientation presumption is with heterosexual parent Race of couples placement with parent who child most closely resembles

Child Custody Laws and Professional Guidelines Most common listed factors to be considered in custody evaluations focused on BICS Child’s wishes (24 states) Observed interaction and interrelationship of child’s parents and other parties (17) History of child abuse (16) Criticisms of the BICS Judicial decisions based on personal biases since there is no precise definition of BICS Judges not trained to make these decisions Often use the “least detrimental alternative standard” (negative standard)

Professional Guidelines for Child Custody Evaluations APA Guidelines for Child Custody Evaluations Recognize the best interests of the child Recognize one’s limits and biases Avoid dual relationships Confidentiality or informed consent Custody evaluations versus psychological evaluations Association of Family and Conciliation Courts American Academy of Child and Adolescent Psychiatry

Forensic Practice in Child Custody Evaluations Format and Methods Utilized in Child Custody Evaluations Initial conference with parents Individual meetings with parents Meetings with the child/children Collection of collateral information Psychological testing Meet with attorneys and parents to discuss

Surveys of Clinical Practice and Psychological Testing Keilin and Bloom (1986) surveyed practice of clinicians Initial conference with parents (100%) Meetings with the child/children (99%) Collection of collateral information 68% parent-child, 50% mother-father School visits (31.7%) home visits (30%), Psychological testing (75%) Order of importance of different procedures clinical interview with the parents, a clinical interview with the child, parent-child observation, psychological testing of the parents, history of child via a parent interview, psychological testing of child, previous documents and evaluations, contact with school and physician, contact with relatives and significant others, and a home visit (Bow & Quinnell, 2001).

Psychological Tests Used with Adults % who used 92% 48% 43% 34% 29% 11% Scale MMPI Rorschach WAIS-R MCMI TAT Akerman-Schoendorf Scales for Parent Evaluation Parent-Child Relationship Inventory

Psychological Tests Used with Children Scale Intelligence Test Children’s Apperception Bricklin Perceptual Scales Sentence Completion TAT Rorschach Projective Drawings % who used 58% 37% 35% 29% 28% 27% 24%

Criteria for custody decision One parent is active alcoholic Frequent attempts to alienate the child from the parent Better parenting Closer emotional bond Greater psychological stability Cooperation with court orders Threatening to move child to another state More tolerant of other parent visitation Actively participates in child education Exhibits anger and bitterness about divorce

Child Custody Evaluators Overall very experienced Average 22 years of experience Experienced with children, adolescents, & adults Adhere very closely to professional recommendations Room for improvement Judges and attorneys place a lot of importance on the evaluator’s opinion

Difficulties of Child Custody Evaluations Evaluating multiple people central to the legal question Breadth and depth of knowledge Value-laden nature Evaluator can become a target Scope of practice Potential Reforms Parents should reach agreements on custody through other means besides contestation Legislatures should provide more definitive criteria in order to narrow the scope Limit expert testimony

Effects of Custody and Divorce on Children Effects of Divorce on Children Academic and emotional difficulties Anxious Under-achieving Sleeper effect Negative effects due to level of conflict and poor relationships of people involved Majority of children develop into normal and healthy adults

Impact of Custodial Arrangement Research has historically been mixed with literature reviews differing on conclusions Nonetheless, a meta-analysis by Bauserman (2002) concludes: Children in joint physical or legal custody were better adjusted than children in sole-custody General adjustment, family relationships, self-esteem, emotional and behavioral adjustment, and divorce specific adjustment Type of custody should be based on parental relationship and the effect of that relationship on the child

Positive Postdivorce Outcomes Good relationships authoritative parent child lives with Good relationship with authoritative parent child does not live with Minimal parental conflict Mediation: negotiation process usually overseen by a third party Financial security

Child Abuse Allegations of child abuse sometimes arise in child custody evaluations Consequences of Child Abuse Reduced academic performance, perceptual-motor deficits, substance abuse, suicidal behavior, general emotional or psychological disturbances Most abuse takes the form of neglect Parental Alienation Syndrome (PAS)