A model for evaluation in child custody disputes

Abstract

Over one million children in the United States were involved in child custody decisions in the past year (Glick, 1979). Mental health professionals have been increasingly employed in such decisions. In this paper, we will delineate a model for clinicians to use in evaluating the family with respect to custody and will describe the values which guide our methods and recommendations.     

Psychological effects of custody disputes on children

This two-group, repeated measures examination of the psychological impact of child custody contests on children reports a subset of data from an ongoing longitudinal study of 95 children and their parents from 43 divorcing families. The authors report clinical observations concerning children's experience of custody litigation, as well as comparisons of baseline and post-test responses of contested and uncontested groups on measures of locus of control, separation anxiety and family concept. Contested children exhibited significantly greater internality of control orientation than the normative sample. Contested children's test scores also suggested significantly less separation anxiety and significantly more positive family concept than the uncontested group at post-test. The implications of these unanticipated findings are discussed.     

Sexual abuse allegations in divorce and custody disputes

Child sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.     

Child custody evaluations: Fair and unfair professional practices

Mental health professionals are frequently called upon to conduct psychological evaluations of the adult parties and minor children in contested child custody actions. Whether Court-appointed or as an agreed examiner, the professional's essential role is that of expert consultant to the court. He or she can only assist the trier of fact by conducting an evaluation that is fair, impartial and objective, that protects the personal and legal rights of all parties, and that is consistent with professional and ethical standards. Ethical principles require the mental health professional to accept the burden of responsibility for protecting and preserving the clients' rights and welfare throughout the evaluation period, from the initial referral to the rendering of recommendations.     

Child custody in historical perspective: A study of changing social perceptions of divorce and child custody in Anglo-American law

The history of divorce law in England and America shows that child custody decisions have tended to be made on the basis of social biases about the nature of men and women, rather than on the basis of the competence of the individual parents or of the best interests of the children. This article traces the history of divorce law with particular attention to child custody from twelfth century England to modern America. The historical flipflop from paternal custody to maternal custody is documented, and the assumptions underlying the prejudices toward paternal and maternal custody are reviewed and compared. Joint custody, when possible, provides a solution to the custody problem. However, sexual stereotypes provide no substitute for meticulous fact-finding when parents cannot agree.     

Amnesia and competency to stand trial: A review of legal and clinical issues

Recent case law is discussed regarding the role of amnesia in determining competency to stand trial. Clinical issues are examined for a range of amnestic conditions on a spectrum of organic and functional disorders. Clinical methods are explored for establishing the extent of amnesia and its relevance to competency.     

Integrative family therapy for high-conflict divorce with disputes over child custody and visitation

A growing number of divorcing families become locked in intractable disputes over child custody and visitation. This article describes an integrative family therapy approach targeted toward such families. Aspects of this treatment include negotiating a clear therapy contract, creating a multipartial alliance with all parties, assessing through the lens of specific understandings about these cases, incorporating multiple therapy session formats, holding both systemic and individual focused perspectives, incorporating a solution-oriented focus, and drawing upon a wide range of intervention techniques. The treatment aims to create a good-enough postdivorce climate in which a new family structure can be constituted in which parents maintain distance from one another, and conflict and triangulation can be minimized.     

Child vocational development: A review and reconsideration

Childhood marks the dawn of human development. To organize, integrate, and advance knowledge about vocational development during this age period from a life-span perspective, we conducted a comprehensive review of the empirical vocational development literature that addresses early-to-late childhood. The review considers career exploration, career awareness, vocational expectations and aspirations, vocational interests, and career maturity/adaptability. By conducting the review, we sought to consolidate knowledge and identify avenues for further research concerned with vocational development in childhood and across the life span. Linking knowledge of child vocational development with what is known about adolescent and adult vocational development and conducting research that embeds vocational development within the fabric of a life-span developmental framework could move the field of vocational psychology from a disjointed perspective on career as studied in isolated age groups and toward an integrated life-span conceptualization.     

Suicidality in adolescence: review and legal considerations

Adolescence is a unique developmental stage in which suicidality first emerges as a public health problem. The increasing trend of teenage suicide since the 1950s has only relented in the past ten years. The risk factors for adolescent suicide, suicidal ideation, and suicide attempts and an approach to assessing the suicidal adolescent for risk of future self-harm are reviewed. Treatment consists of ensuring safety and then treating the underlying psychiatric, psychological, and interpersonal disturbances. Issues of consent, confidentiality, and malpractice actions are addressed.     

Child sexual abuse allegations during custody litigation: Conflicts between mental health expert witnesses and the law

This article describes (1) an intrafamilial child sexual abuse case and (2) the multidisciplinary research project which developed from its outcome. The research project., in existence since 1987, is a task force of the Committee an Children, Youth, and Families of the New Jersey Psychological Association and is co-sponsored by the Committee on Child Psychiatry of the New Jersey Psychiatric Association. The research aims at developing an objective behavioral assessment instrument to validate child sexual abuse allegations, and at achieving a clinical-legal consensus regarding the credibility of the instrument. Ranking, reliability, and validity studies are described.     

The positive and negative effects of anger on dispute resolution: evidence from electronically mediated disputes

Scholars have argued that anger expressed by participants in mediation is counterproductive; yet, there is also reason to believe that expressions of anger can be productive. The authors tested these competing theories of emotion by using data from online mediation. Results show that expression of anger lowers the resolution rate in mediation and that this effect occurs in part because expressing anger generates an angry response by the other party. However, when respondents are especially vulnerable, expressions of anger by the filer do not hinder settlement. The authors also examined precursors to anger, such as value of dispute and reputation, and the degree to which a focus on dispute resolution is reciprocated.     

信任的跨文化差异研究：视角与方法

信任作为一种复杂的社会心理现象,其相关研究不能脱离个体所处的文化背景。个体在一般信任水平,信任的建立方式,信任的种类及信任修复的方式等方面都存在着显著的文化差异。信任存在文化差异的主要原因在于个体对线索的提取方式不同、所处社会文化情境不同及文化的变迁。量化研究和质性研究相结合的方法是信任研究主要采用的方法,其中卡片分类与深度访谈相结合法、“桌面游戏”法最受研究者的青睐。未来的研究应该进一步探查信任的本土化概念,并关注全球化背景下不同文化下个体的人际信任建立的问题。     

Munchausen syndrome by proxy: Clinical review and legal issues

Well-established policies and procedures govern the identification, management, and treatment of most variations of child abuse. For many therapists, such cases have become “routine”. Munchausen syndrome by proxy is an under-recognized form of child abuse in which a parent feigns or creates illness in a child specifically to have the child subjected to unnecessary diagnostic tests and treatments by medical practitioners. Variations range from false reports of fevers or allergies, to life-threatening abuse, such as surreptitious poisonings or injections with toxic substances. This article reports a case example of Munchausen syndrome by proxy, provides a review of historical, diagnostic and management issues, and discusses legal issues relevant to detection of the perpetrator and protection of the child victim.     

MMPI-2 validity scales in child custody evaluations: clinical versus statistical significance

The MMPI-2 is commonly used in the psychological assessment of parents within child custody evaluations. Due to the interface of mental health practitioners with non-mental-health professionals in the context of child custody cases, careful attention must be paid to the potential misunderstanding or misuse of data from psychological testing. While traditional clinical lore has maintained an expectation of clinically significant defensiveness on the MMPI-2 with this population, the research data does not support this view. Despite empirical findings that identify patterns of elevations on the MMPI-2 validity scales with parents involved in child custody disputes, these patterns have been demonstrated to reach statistical but not clinical significance. That is, MMPI-2 profiles that contain elevations on scales L or K that either invalidate or notably suppress clinical scales are not to be expected in the child custody population. False causal attributions contributing to the potential mischaracterization or loss of important data related to personality functioning within this population are identified and discussed. Potential dangers associated with such false causal attributions are reviewed.     

A family system perspective on custody and adoption

This paper will define the conceptual models of an internalized family image and an external psychological family as derived from psychoanalytic and family therapy studies, and relate these models to several issues impinging on custody, adoption, and foster care. Several suggestions based on these models and illustrated by clinical material will be presented which, if applied by families, and mental health, social, and legal authorities, can facilitate the creation of a psychological family, or at least an ambiance imbued with the concepts of a psychological family, for use in the construction of a family image by unrooted children.Dr. Sonne is Clinical Professor of Psychiatry and Human Behavior, Jefferson Medical College; Visiting Clinical Professor of Psychiatry, Hahnemann Medical College; Emeritus Director Clinical School, Family Institute of Philadelphia; Senior Attending, Institute of the Pennsylvania Hospital.     

Assessment of children's social skills: A review of methods

Social skills of children is a topic receiving increasing attention, particularly from clinical researchers. The present paper reviews methods that have been used to assess children's social skills. Four methods are identified and described: sociometric instruments, behavioral observations, teacher reports, and child self-reports. Their relationships to one another are examined in terms of predictive, concurrent, and construct validity. It appears that the social skills construct is in need of basic development if it is to have any clinical utility. It is suggested that future research utilize knowledge from fields closely related to clinical psychology (e.g., developmental and social psychology) and methods of assessment from traditional test theory.     

Deeper into divorce: using actor-partner analyses to explore systemic differences in coparenting conflict following custody dispute resolution

Divorce is an inherently interpersonal experience, yet too often adults' reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution.     

A survey on adverse incidents in legal psychology studies: Reflections on ethics review

Ethics committees (ECs) regulate research activities to maintain research participants' autonomy and to protect them from harm and injury. No research to date attempted to establish how much risk is involved in social‐science research. Using a survey approach, we set out to estimate the risk of being involved in an incident for research participants in legal psychology and assessed researchers' views of ECs. Fifty‐nine of 188 respondents (31%) stated that they had experienced one or more incidents with a participant. The estimated risk of being involved in an incident was one to three per 10,000 participants, which according to biomedical standards defines a rare risk. Although some researchers were satisfied with their EC, the general tenor was one of discontent due to conservative decision‐making, lacking expertise, and overstepping demands. Whether ECs succeed in protecting participants from loss of autonomy, harm and injury are unknown but are open to empirical research.     

The child custody evaluation: Issues and trends

Custody disputes are often the crisis point in the divorcing process and the numbers of contested custody cases are increasing. Mental health professionals are being called upon to provide evaluations of these families more frequently than ever. This article focuses on how to perform child custody evaluations. It touches on the highly troublesome cases where accusations of abuse and alcoholism have been made, and how to convey to attorneys the findings of an evaluation. It begins by reviewing developments in child custody law and concludes by addressing the problems between behavioral sciences and the law in these stressful cases. The presentation of clinical examples provides a view of the decision making process, while addressing the contextual setting for these cases as well.     

Fathers with joint physical custody of young children: A preliminary look

Abstract

Fathers with joint physical custody of children under age 6 report that this custody arrangement is of great benefit to the children, especially in circumstances where mothers have initiated the divorce and have sought less childcare responsibility. Joint physical custody fathers are highly available and provide closeness as the sole parent in charge. However, they also experience role overload and household management problems, and continue to feel hostility toward their former wives who have cut back on family responsibilities.