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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.