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.     

Joint custody and the preschool child

A longitudinal study of 25 families, with children aged 14 months-5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5-year-olds.     

Gender stereotypes underlie child custody decisions

Using hypothetical divorce cases we examine the role of gender stereotypes in decisions about child custody. Good mothers received greater custody allocations than did good fathers across a tightly matched pair of vignettes in three culturally distinct samples: Argentina, Brazil, and the United States (Study 1). Two follow-up studies indicated that the warmth dimension of stereotype content partly accounted for the asymmetry in custody awards: The proportion of maternal-primary custody was predicted by the tendency to ascribe warmth-related traits—such as friendliness, generosity, or trustworthiness—to mothers (Study 2) and associate them with female over male nouns (Study 3). We also found that endorsing shared custody mitigated the asymmetry in custody awards documented in our studies. Together, these results highlight the interplay of stereotyped attitudes and egalitarian commitments in the context of judicial decisions about child custody.     

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.     

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.     

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.     

Ethics and the forensic expert: a case study of child custody involving allegations of child sexual abuse

Psychologists who participate as forensic evaluators in custody and visitation cases involving allegations of child sexual abuse must possess advanced assessment skills and a thorough knowledge of child development, child sexual abuse, and child interviewing techniques. This case study illustrates the types of problems that are inevitable when psychologists violate the boundaries of their role as an independent evaluator and fail to uphold their ethical obligation to be knowledgeable and competent in the area in which they profess expertise.     

Use and abuse of mental health experts in child custody determinations

Changes in standards for child custody determinations have resulted in an increased demand for mental health professionals to serve as expert witnesses. However, the entry of mental health professionals into custody disputes has been met with harsh criticism of the value of their contributions. Critics have generally pointed to the absence of substantive requirements for who may serve as an expert mental health witness, the ambiguities inherent in the best interests standard, the weak scientific basis for psychology and psychiatry, and the questionable measurement techniques employed by mental health professionals as reasons for increased regulation of forensic mental health services. This article critically reviews these concerns and proposes a regulatory model that addresses the salient issues.     

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.     

MMPI-2-RF characteristics of custody evaluation litigants

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that focused on Validity scales L-r and K-r. The current study evaluated the MMPI-2-RF results of 344 child custody litigants and showed substantial consistency between T-score elevations typically found on MMPI-2 Validity scales L and K, and comparable elevations for MMPI-2-RF validity scales L-r and K-r. Mean T-scores well within normal limits characterized results for clinical scales on both instruments. The RC scale intercorrelation patterns, and alpha coefficient values found for MMPI-2-RF scales in a custody population, were also found to be very similar to those reported for other populations. Directions for future research are presented.     

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.     

A follow-up of families disputing child custody/access: Assessment,settlement, and family relationship outcomes

In this pilot study, 49 parents who had been involved in a custody and/or access assessment several years previously responded to a structured telephone survey. Information about eventual settlement processes, custody and access arrangements, satisfaction with the clinical assessment, children's adjustment, family relationships, and ongoing family problems was gathered an average of two and one half years after the assessment. Sole custody arrangements evidenced the greatest degree of stability from assessment to follow-up, while joint custody arrangements were more unstable. Visitation was not occurring for a substantial number of children (35%) at follow-up, even when it was recommended on a regular and frequent basis. Although parents reported little or no ongoing contact with their ex-spouse, they also reported continuing concerns and new problems with respect to the other parent or their children. The impact of this form of “parallel parenting” is discussed within the context of high-conflict, multiproblem families.