Mediation in custody disputes

This article summarizes the results of an evaluation of mediation services in three court-based programs. Among the issues considered are client evaluations of the mediation experience and their assessments of immediate and long-term effects. Two comparison groups are utilized: parents who contested custody without the offer of court-based mediation and parents who divorced but did not contest custody. Results of the research indicate that mediation provides a valuable compliment to the existing domestic relations court processes. Mediation enjoys high user satisfaction and helps promote compliance with the agreement, a sense of equity, and continued cooperation. Thus, while the expectations of the process should not be overstated, it appears that even a brief mediation with a troubled population can produce modest but positive benefits.     

Externalizing behaviors and attachment disorganization in children of different‐sex separated parents: The protective role of joint physical custody

The aim of this study was to examine the relationship between externalizing behaviors and the quality of attachment representations in preschool children, and to determine if family type and custody arrangement had a moderating effect on this relationship. The participants were 33 girls and 31 boys (n = 64) aged between three and six years (M = 4.75; SD = 0.87 years) and their mothers. Among them, 36 came from “intact” families, 13 were living mainly with their mothers and 15 were in joint physical custody. Children’s attachment representations were assessed with the Attachment Story Completion Task (Bretherton, Ridgeway & Cassidy, 1990). Mothers reported on their child’s behavior problems using the Child Behavior Checklist (Achenbach & Rescorla, 2001) and on their alliance with the father using the Parenting Alliance Inventory (Abidin & Brunner, 1995). Although children’s externalizing behaviors were found to be associated with the disorganization of their attachment representations, this relationship was significantly weaker and was non‐significant for children in joint physical custody. Thus, the results of this pilot study suggest that joint custody may protect children of separated parents from the effects of attachment disorganization on externalizing behaviors.     

Homosexual parents: testing "common sense"--a literature review emphasizing the Golombok and Tasker longitudinal study of lesbians' children

Counter to claims by the American Psychological Association and the National Association of Social Workers as well as numerous reviewers that children raised by homosexuals and married heterosexuals do not differ, the elaborate social-personality theory called "common sense" predicts that because "like produces like" and because psychopathy/sociopathy informs the major expressions of social deviance including homosexuality, children of homosexuals will (1) be more frequently subjected to parental instability (of residence and sexual partners) and (2) have poorer peer and adult relationships. Also, as is held to be true of their parents, homosexuals' children will be more apt to (3) become homosexual, (4) be unstable (have emotional problems and difficulty forming lasting bonds) with reduced interest in natality, and (5) be sexually precocious and promiscuous. Differences between homosexual and heterosexual comparison groups that bore on "common sense" were considered suggestive "bits" of empirical evidence. Differences that emerged within studies conducted by sympathetic researchers utilizing volunteer samples were considered bits of adverse evidence. Of 171 bits, 82 adverse and 55 nonadverse bits supported, while 34 bits fell against "common sense." From this tentative method of counting, support was found for common sense beliefs that children of homosexuals will be more apt to become homosexual and have poorer peer relationships, while weaker support was found for some of the other predictions. As assessed in this way, the empirical evidence in the literature tended to lean against claims of "no differences" between children raised by homosexuals and heterosexuals. In particular, the strongly worded official claims of there being "no differences" are overstatements. They amount to the organizations and some prominent researchers asserting that they have proven the null hypothesis, which is fundamentally impossible. It is likely that the nonsignificant statistical findings stressed thus far include Type Two errors created by use of volunteer samples, inadequate identification and measurement of likely differences, and refusal to interpret results in ways contrary to the sympathies of subjects, investigators, and the organizations.     

The Rhetoric of Homosexual Practice

Many Protestant denominations have or recently had policies that prohibit “self‐avowed practicing homosexuals” from being ordained. By only prohibiting “practicing” homosexuals, proponents of these policies claim that they do not discriminate against homosexuals as a group since, technically, a homosexual can still be ordained as long as she is “non‐practicing.” In other words, a condemnation of homosexual practice is not the same as a condemnation of homosexual persons. I argue that this is not the case; the rhetoric of homosexual practice does, in fact, amount to a condemnation of gays and lesbians. It does so by conflating the two things it claims to keep separate—homosexual conduct and homosexual identity. I demonstrate this conflation by analyzing the history of this rhetoric and how it has been adjudicated in church court decisions from the United Methodist Church and the Presbyterian Church (USA).     

Adoption custody and family therapy

Abstract

A brief survey of the history and types of adoption serves as background for a study of the points at which adoption custody laws and family therapy interface. Potential areas for stress and interaction occur primarily in cases involving questions of rights—those of the adoptee, of the biological parents, and of the adoptive parents. New issues of concern include pressures to open sealed adoption records, questions of grandparents' rights, and the innovative practice of surrogate motherhood. There is also a comparison of adoption custody and divorce custody issues.     

Psychological tests used in child custody evaluations

Controversy has long surrounded the use of psychological testing in child custody evaluations. The present study explored the current status of psychological testing in these evaluations using a national survey of 198 psychologists. Findings revealed that participants viewed testing as one source among many for data collection, neither under- nor over-valuing its importance. Results also indicated that participants were more discriminating in their test selection, with a greater focus on objective assessment, particularly in the use of parent inventories and rating scales. These findings tend to negate much of the past criticism and reflect closer adherence to APA guidelines.     

The child's preference in Michigan custody disputes

Abstract

The provision in Michigan's law which requires the court to consider the preference of the child in the resolution of custody disputes is discussed. Problems have been encountered in the implementation of this provision. The need for participation by behavioral scientists in the process of determining and evaluating the child's preference is suggested.     

Homosexual Clients and Homophobic Social Workers

People of gay sexual orientations struggle with the same problems that confront everyone else, and they face some problems that are unique. However they must carry out this struggle in the context of a largely rejecting and fearful society. For them to have the same oppurtunities for help that exist for others, it is important that professionals be free of bias and homophobia. This paper looks at the historical and current attitudes that professional social workers, as well as the public, have had toward homosexuals. It considers the worker's responsibility for self-awareness in attitudes toward homosexuals and makes recommendations for achieving helpful non-homophobic clinical practice.     

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.     

Mediation and child custody issues in abusive relationships

Contested divorces and child custody cases have increased in number in recent years, and many have involved domestic violence. Victims of domestic violence need an informed legal system to help them achieve equitable settlements and safe arrangements. Two areas of concern presented in this article are mediation and joint custody. Professionals in the mental health, social service, criminal justice, and legal fields must understand the ramifications of joint custody and mediation in abusive relationships. The effects on the children and adults are discussed, and specific recommendations are presented for dealing with power and other issues in abusive relationships.     

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.