Family Law Forum Early Childhood Issues James Davidson Ph.D. www. jamesdavidson.net davidsonpsych@me.com

Early Childhood and Parenting Time Evaluations History: Custody of Very Young Children Child Development Current Research PTE Best Practices for Very Young Children Common Parental Allegations

History: Custody of Very Young Children Colonial Era: Father as parent and master of the child. The mother had no legal right to the child as long as the husband was alive. 1800s: Mother’s developed rights as the nurturing parent. 1900-1970: Mother favored with “tender years” doctrine and law. 1970s: Father’s rights leads to equal rights and joint custody. 1990s: Courts rely on behavioral science to assist in deciding complex cases as absolutes disappear. 2000 to date: Emerging research on infant-toddler overnights and the role of the father in the future development of a child.

Child Development Bowlby, Harlow, Ainsworth, Hubel & Wiesel: Bonding and attachment research Arredondo & Edwards: Reciprocal connectedness is the concept for family law Principle: One stable caregiver is critical for healthy development Principle: There can always be more than on stable caregiver Principle: Children are complicated. Research descriptions often do not reflect the continuous spectrum of development Remember the medical abbreviation: FLK! Dimensions of reciprocal connectedness with younger children include: ■ Frequencyandqualityofeyecontact ■ Frequency of affectionate touching or soothing 114 JOURNAL OF THE CENTER FOR FAMILIES, CHILDREN & THE COURTS ❖ 2000 Spontaneous anticipation of the child’s needs or desires Empathicresponsetotheneedsofthechildfor attention Spontaneous smiling in both directions Bilateralinitiationofaffectionateinteractions Understandingthechild’suniquetemperament Affectionate speech or “cooing” Singing,reading,andplayingwiththechild Dimensions with older children might include: Recognitionofthechildasauniqueindividual Recognition of the particular needs of the develop- mental stage of the child Valuing the child for who he or she is Trying to understand the child’s world from his or her perspective Trying to teach the child Trying to learn from the caregiver Seekingguidanceorcomfortfromthecaregiver Sharingpositiveexperiences Maintaining a relationship that allows the child some measure of control while setting limits and maintain- ing boundaries

Current Research McIntosh: Tender years is typically correct for infants and toddlers Warshak: Tender years is not correct for infants and toddlers Fabricius: Father’s role with very young children is critical for future positive social, educational and emotional development. ALL of the researchers: We do research, not PTEs. Do NOT apply our research as a standard to your forensic evaluations.

PTE Best Practices for Very Young Children Functional behavior is idiographic (vs nomothetic) Comparative custodial fitness to the needs of a specific child Parent factors for VYC Child factors for VYC Objective measures for VYC: HOME Observation: lengthy, multiple times, key times and circumstances (ex meals, bedtime, exchanges, transport) Allocation of parenting time rule for VYC: There is no rule! Guidance from other states (Arizona, Texas)

Common Parental Concerns Breast feeding Stable environment (day care and grandparents) Nesting Prolonged exchanges Reliance on screens for babysitting Parental nudity Allegations of abuse (sexual or physical)

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