Integrative family therapy for disputes involving child custody and visitation.

This article describes integrative multilevel family therapy for disputes involving child custody and visitation, a multiple-level systems-based treatment specifically targeted at those engaged in intractable conflicts over child custody and visitation. Parents and children engaged in these conflicts are at risk for a variety of difficulties. Key aspects of the approach include the articulation of clear therapy contracts, the utilization of multiple therapy session formats, the maintenance of a systemic perspective, intervention on multiple system levels, the tailoring of intervention strategy based in an assessment of the locus of difficulty in each case, planning for intervention over time, and working at the interface of the legal system in order to impact on these problems. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody mediation and litigation: Parents' satisfaction and functioning one year after settlement.

A 1-yr follow-up study was conducted on families randomly assigned to settle custody disputes either in mediation or through adversary procedures. Consistent with Time 1 reports, at Time 2 fathers who mediated were substantially more satisfied than were fathers who litigated. Fathers who mediated also complied more with child support orders. Contrary to prediction, the greater satisfaction and compliance of fathers did not lead to increased satisfaction among mothers who mediated. In contrast to Time 1, at follow-up mothers who mediated were significantly less satisfied than were mothers who litigated, but selective attrition may account for these differences. The psychological adjustment of mothers and fathers was not significantly different between settlement groups at Time 2, but mothers in both groups reported less satisfaction with dispute settlement and less dysphoria at Time 2 than they had reported at Time 1. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Lay judgments about child custody after divorce.

In a pair of studies, we examine lay people's judgments about how hypothetical cases involving child custody after divorce should be resolved. The respondents were citizens called to jury service in Pima County, AZ. Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers' groups. However, if the predivorce child care had been divided disproportionately between the parents, this preference shifted, slightly but significantly, toward giving more time to the parent who had provided most of that care, consistent with the Approximation Rule advocated by the American Law Institute. Moreover, respondents judged that the arrangements prevailing in today's court and legal environment would award equal custody considerably less often, and would thereby provide much less parenting time to fathers, than the respondents themselves would award. Study 2 found that respondents maintained their strong preference for equally shared custody even when there are very high levels of parental conflict for which the parents were equally to blame, but awarded substantially less time to the culpable parent when only one was the primary instigator of the parental conflict. The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers, and suggests that family law may have a public relations problem. (PsycINFO Database Record (c) 2011 APA, all rights reserved)     

Guidelines for child custody evaluations in family law proceedings.

Family law proceedings encompass a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. The following guidelines address what are commonly termed child custody evaluations, involving disputes over decision making, caretaking, and access in the wake of marital or other relationship dissolution. The goal of these guidelines is to promote proficiency in the conduct of these particular evaluations. This narrowed focus means that evaluations occurring in other contexts (e.g., child protection matters) are not covered by these guidelines. In addition, the guidelines acknowledge a clear distinction between the forensic evaluations described in this document and the advice and support that psychologists provide to families, children, and adults in the normal course of psychotherapy and counseling. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Some ethical and legal features of child custody disputes: A case illustration and applications.

Explores the complex ethical and legal problems that can attend being an expert witness in a child custody dispute and mitigates some of the antagonism and anxiety in the field so that psychologists without specialized training can adapt more effectively to the child custody arena. A case example illustrates applications of the Ethical Principles of Psychologists by the American Psychological Association (1992) to an otherwise routine case (child acts out in response to parents' marital difficulties) that was complicated by a subsequent child custody dispute. Psychologists should note the differences between legal and clinical methods and goals and be aware of the numerous broad issues they confront in the custody arena. Their proper role is that of a consultant-expert, who assists the trial judge by careful psychological observation, factual reporting, and reasoned inferences. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody evaluations when one divorcing parent has a physical disability.

Objective: To explore how parents' physical disability status might impact the process of divorce-related child custody evaluations and custody decisions, the level of training received by psychologists regarding assessment of parents with physical disabilities, and whether psychologists recognize that testing persons with physical disabilities requires specialized knowledge. Study Design: Survey mailed in 4 waves. Participants: 206 child custody evaluators (31% response rate). Outcome Measures: A survey regarding custody evaluations, a custody questionnaire, evaluation practices, education and training regarding disability, demographics, and a question about the purpose of the study. Results: Almost 70% had performed ≥1 child custody evaluation involving a parent with a physical disability. Over 85% of participants reported no training with regard to such evaluations, and 49% reported no training regarding any disability issues. 65% stated they would use the same tests without modifications, regardless of disability status of the parent. Conclusions: Recommendations include mandated training on disability for child custody evaluators, graduate training on disability accommodations in assessment, specifying conditions when evaluating parents with disabilities, more information regarding accommodations in custody evaluations. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Follow-up study of parents in custody and access disputes.

35 parents responded to a questionnaire a minimum of 1 yr after assessment was completed for dispute over child custody and access. 63 children, 1–17 yrs old, were involved. In retrospect, parents found the assessment and/or mediation by mental health clinicians to be helpful and satisfying. At follow-up, parents reported a reduction in personal stress and an improvement in the children's adjustment. Joint custody arrangements were least likely to survive at follow-up, raising questions about the advisability of this custody arrangement. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

A preliminary study of clinical interventions in custody & access disputes.

Reviewed, retrospectively, 30 custody and access dispute cases (8 assessments, 22 arbitrations, and 10 mediations) and analyzed factors associated with each procedure. The factors examined were based on parents' views of their dispute, as recorded in an initial intake questionnaire completed preintervention. Findings suggest that couples who resolve their dispute through mediation tend to be more child-focused, future-oriented, positive about themselves, and helpful in providing suggestions for dispute resolution than parents involved in an assessment process. (French abstract) (6 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychotherapy and privileged communications in child custody cases.

Although many states have privileged communication laws for mental health clients, these laws contain exceptions, including client waiver, communication made in the presence of third parties, court-ordered mental examinations, situations in which parents introduce their mental condition into the proceedings, and cases in which child abuse is suspected. In addition, judges are likely to interpret privileged communication laws strictly because they place a high value on the welfare of children and because the laws run counter to the legal tradition of admitting evidence into court. Psychotherapists are alerted to the limits and ambiguities of privileged communication laws. It is recommended that these laws be extended to cover all mental health professionals and to communications made in group, family, and marital counseling. (50 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Guidelines for child custody evaluations in divorce proceedings.

Presents guidelines developed for psychologists conducting child custody evaluations (CCEs), specifically within the context of parental divorce. The guidelines build on the American Psychological Association's (APA's) Ethical Principles of Psychologists and Code of Conduct (APA, 1992). The goal of the guidelines is to promote proficiency in using psychological expertise in conducting CCEs. The guidelines are (1) orienting guidelines concerning the purpose of a CCE, (2) general guidelines for preparing for a CCE, and (3) procedural guidelines for conducting a CCE. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and professional considerations in divorce and child custody cases.

The provision of psychological (e.g., psychotherapy, coparenting, mediation, collaborative divorce, child custody evaluation) services for families of divorce are growing specialties for many clinical and forensic psychologists. However, practice in domestic relations psychology, such as divorce and custody assessment and testimony, is a high-risk venture for incurring ethics complaints and law suits. The lead article and the three commentaries that follow enumerate the various roles practitioners might play, clarify how each role requires specific skill sets that may be outside one’s particular competence and necessitate additional training, describe how countertransferential issues arise, urge meticulous record keeping, discuss some of the subtleties of confidentiality and the releasing of information, describe how transparency in clarifying expectations leads to a lowering of contentiousness, and provide tips for divorce and forensic practice. The special challenges associated with psychologists being tempted to move beyond their role on a case and those of particularly high-risk situations (e.g., complaints of child abuse or domestic violence) are also discussed. Suggestions are offered to help psychologists better serve the public while taking steps to better inoculate themselves from complaints. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Prognosis one year after hip fracture

This study evaluates the demography and health in a hip fracture population, and predictors of outcome one year after the fractures occurred. Physical, mental and social functioning in 109 patients who were referred from home with hip fractures were assessed retrospectively; during the hospital stay, at discharge, and after 4 and 12 months. Mobility, Katz' ADL-index and a short-version of MMSE were used in assessing their physical and mental conditions. No essential changes were found in either demography or health. The most significant predictors of outcome were age, prefracture mobility and post-fracture mental status. The proportion of patients suffering from acute confusion was considerable. The result was a higher risk of mortality, institutionalisation and poor physical outcome. It is important to pay more attention to the prevention and treatment of cases involving acute confusion.     

Reactions to child custody decisions involving homosexual and heterosexual parents.

Examined the effects of gender and sexual orientation of petitioning parents on attitudes about child custody decisions among 274 undergraduates who were either high or low in homophobia. In Phase 1, Ss completed the Heterosexual Attitudes Toward Homosexuals Scale and the Kinsey Heterosexual-Homosexual Rating Scale that were embedded in a general questionnaire on social attitudes. In Phase 2, the same Ss were asked to give their opinions about the outcome of contrived custody cases where the parent winning custody was homosexual or heterosexual. There was less support for a homosexual than a heterosexual parent. This was particularly noticeable for male Ss. Unexpectedly, mothers were not favored over fathers; instead, Ss favored parents of their own gender. Ss who scored low in homophobia reacted more favorably to a homosexual parent than a heterosexual parent, while the reverse was true for those scoring high in homophobia. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody evaluation practices: A survey of experienced professionals.

Investigated the activities, beliefs, and experiences of mental health professionals in 3 primary child custody areas: custody evaluation procedures, custodial decision making in joint and single-parent custody, and custodial recommendations. An extensive questionnaire was developed and mailed to 190 professionals (mean age 47.7 yrs) experienced in child custody evaluations. Results indicate that although Ss expressed a preference for impartiality, many continued to be retained by 1 parent only. This raises important ethical issues concerning the efficacy of certain evaluative roles in the pursuit of an optimal custodial recommendation. (31 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Assessment of sexual abuse allegations in child custody cases.

Family courts frequently rely on the expertise of mental health professionals to assess allegations of sexual abuse within the context of child custody evaluations. Such evaluations are complex and require knowledge of techniques used in sexual abuse and sexual offender evaluations, as well as knowledge of child custody practices. Preliminary findings from a national survey of 84 psychologists indicated that respondents tend to adhere to the child custody guidelines of the American Psychological Association. However, few practitioners followed formal models, protocols, or guidelines when evaluating alleged victims or alleged perpetrators of sexual abuse in conjunction with child custody disputes. Implications for professional practice are discussed, along with a proposed comprehensive model for assessing sexual abuse allegations in child custody cases. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody mediation and litigation: Custody, contact, and coparenting 12 years after initial dispute resolution.

Long-term follow-up data were obtained on families who had been randomly assigned to mediate or litigate their child custody disputes. In comparison with families who litigated custody, nonresidential parents who mediated were more involved in multiple areas of their children's lives, maintained more contact with their children, and had a greater influence in coparenting 12 years after the resolution of their custody disputes. The increased involvement of nonresidential parents who mediated did not lead to an associated increase in coparenting conflict. Parents who mediated also made more changes in their children's living arrangements over the years. For the most part, the changes apparently reflect increased cooperation and flexibility. Satisfaction declined for parents (especially fathers) in both groups over time, but fathers remained much more satisfied if they mediated rather than litigated custody. Few differences in satisfaction were found between mothers in the 2 groups. The 12-year follow-up data indicate that, even in contested cases, mediation encourages both parents to remain involved in their children's lives after divorce without increasing coparenting conflict. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody resolution: A study of social science involvement and impact.

To explore the use of mental health professional expertise in the legal system, legal professionals' sources of social science information, and the legal profession's perspectives on the appropriate roles of mental health professionals in the process, we solicited information from attorneys and judges on (a) the extent to which they actively seek the involvement of mental health professionals in child custody cases, (b) the factors that influence such involvement, and (c) the degree to which these attitudes and practices are influenced by social science data or theory. Among the most striking features of these results was the report by the overwhelming majority of legal professionals that they did not consider either social science data or mental health professionals' involvement or recommendations in child custody cases as critical to their practice of family law. Specifically, mental health participation was rarely solicited, and when it was, this decision rested primarily on the paradigmatic regularities of the legal system or practical needs of the case rather than on a view that such involvement was central to the client's or child's mental health. The implications of these findings for collaboration between the mental health and legal disciplines in the area of family policy are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Children''s rights and the biological bias in biological parent versus third-party custody disputes

Hydrophobically modified carboxymethylpullulan (HMCMP) samples were obtained by reaction of small amounts of C16 alkylamine on carboxylic groups of the corresponding polyacid. The molar contents of alkyl chains ranged from 1.3 to 6.8% with respect to the anhydroglucose units (AGU) and the degree of substitution (DS) of carboxylic groups varied from 0.76 to 0.84. Solution properties of the sodium salt of HMCMPs were studied mainly by viscometric and size-exclusion chromatography/light-scattering methods. The low-shear viscosity of modified pullulans in 0.1 M NaCl solutions drastically increases with the hydrophobic content and polymer concentrations and the 6.8% modified sample has a quite pseudoplastic behaviour. These data showed that the polymers aggregated intermolecularly and displayed a compact globular structure in dilute solution. Furthermore, addition of NaCl or ethanol induced a decrease in viscosity although the molecular weights remained approximately constant. These results are consistent with a collapse of the polysaccharide aggregates.     

Psychologists' current practices and procedures in child custody evaluations: Five years after American Psychological Association guidelines.

What is the current state of professional practice among child custody evaluators, and how congruent is current practice with the 1994 American Psychological Association (APA) "Guidelines for Child Custody Evaluations in Divorce Proceedings" (APA Guidelines; APA, 1994)? A national survey of 198 psychologists revealed a high degree of training and experience among respondents and an increased understanding of procedural issues. Evaluators reported using multiple sources of data collection, critical decision-making skills, and knowledge of ethical, legal, and risk management issues. Overall, child custody evaluations appear to have become more sophisticated and comprehensive during the past 15 years, with current practices and procedures adhering to APA Guidelines. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody cases: A content analysis of evaluations in practice.

Guidelines for custody evaluations recommend multiple ways for assessing the parent-child relationship and outline appropriate means of assessing special issues such as domestic violence, child abuse, and substance use. However, little is known about the implementation of these guidelines in practice. This study examines 60% of custody evaluations in one circuit court over a 2-year period. Custody evaluations were examined for adherence to guidelines and for differences based on evaluator training. This analysis suggests much variety in techniques used and a lack of consistency between guidelines and clinical practice. The findings suggest a need for more standardized approaches to conducting custody evaluations as well as the assessment of domestic violence, child abuse, and substance abuse. (PsycINFO Database Record (c) 2010 APA, all rights reserved)