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.     

Impact of joint versus sole custody and quality of co-parental relationship on adjustment of adolescents in remarried families

The effects of legal custody arrangement and quality of the co-parental relationship on the adjustment of adolescents in remarried families was examined. Joint custody was associated with better relationships with step-parents and more family cohesion. Girls in sole custody families and boys in joint custody families reported high anxiety. Girls in sole custody families reported the remarriage to have a negative effect on their relationships with their custodial biological parents. Hostility in the co-parental relationship was associated with more loyalty conflicts and more increase in psychosomatic and psychosocial problems around the time of the remarriage.     

Family law issues in family therapy practice

Abstract

The American Journal of Family Therapy is pleased to innaugurate this new section with the intent of being at the cutting edge of the interface of the interrelationship of family law and family therapy. We introduce this endeavor with several articles on child custody-an arena of crucial concern in both disciplines. One article is a summary of child custody laws extant throu hout the United States. to commend it psychologically and legally. The third item, in keeping with the theme, is a speculative fable about joint custody written by a matrimonial attorney who practices family mediation and who has training as a family therapist. It captures the tenor of the times. The second article discusses a model for child custody ev a f uations, which has much     

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.     

Joint custody: A blind leap of faith?

This article examines the social, historical, empirical, and legal issues surrounding the concept of joint custody which has now been accepted in over half of the states. Early results in joint custody states suggest that joint custody awards prove satisfactory to parents and children provided that the parents are able to cooperate in childrearing activities and that they live in close geographic proximity. General recommendations and guidelines for joint custody are presented.     

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.     

Legal and Policy Responses to Children Exposed to Domestic Violence: The Need to Evaluate Intended and Unintended Consequences

Greater training and specialization in working with children exposed to domestic violence has resulted in new policies, interagency protocols, and legislation in many states. This paper examines court-related responses in criminal, child protection, and family court custody proceedings, which highlight legislative changes and resulting systemic change. Although this legislation originated with the best of intentions to assist and protect children, some of the most striking outcomes have been negative and unintended. Laws that mandate reporting of children exposed to domestic violence can clash with inadequate training and resources, or inadvertently revictimize abused women. Similarly, child custody legislation that raises a rebuttable presumption that a violent spouse will not receive custody or joint custody of children after parental separation has resulted in greater skepticism about abuse allegations. We propose that efforts at law reform can be enhanced by a more thoughtful analysis of potential intended and unintended consequences, and should be accompanied by a comprehensive evaluation plan to monitor implementation effects.     

Joint Physical Custody and Adolescents’ Life Satisfaction in 37 North American and European Countries

Joint physical custody, a parental care arrangement in which a child lives with each parent about equally after separation or divorce, is an increasingly common phenomenon in many Western countries. Although attention from family scholars, practitioners, and law professionals is growing, there are hardly any numbers on the prevalence of joint physical custody (JPC). Moreover, studies using large‐scale representative data on the effects of JPC for children’s well‐being are still rare. The data for this study come from Health Behaviour in School‐Aged Children (HBSC), a representative cross‐national survey of adolescents in 37 European and North American countries that was conducted in 2002, 2006, and 2010 and included information on students at the ages of 11, 13, and 15 years (N = 92,886). First, results revealed that symmetrical JPC after family dissolution is still very rare in the majority of countries (5% or less), but reaches 10–20% in some countries. Second, adolescents’ life satisfaction in nonintact families is higher in symmetric JPC arrangements than in asymmetric care arrangements. However, after controlling for children and family characteristics, the differences disappear. Thus, it is not the symmetric JPC arrangement that induces adolescents’ higher life satisfaction, but rather the children and family characteristics that are associated with the choice of such a custody arrangement by separated or divorced parents.     

Joint Custody: Parental Problems and Satisfactions

Joint custody, the total care of children by each parent part of the time, enables both parents to be "custodial" parents after divorce. Increasingly it has become a solution to custody problems, allowing both parents major involvement in their childrens' lives as well as freedom for themselves. This research addresses joint custody from the parents' perspective, exploring the salient issues. The problems and satisfactions are discussed, and the sex differences are highlighted.     

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.     

The Dialogical Subject and its Multiple and Opposing Positions

The aim of our study is to describe how the voices of others constitute the dialogical subject: an individual who is not closed off from others, but is, rather, characterized by intersubjectivity and a plurality of positions in connection with those of others. Analysis of ten semi-structured interviews carried out on members of an association supporting the right of fathers to joint custody of children shows that interviewees employed a wide variety of voices – voices in support of shared custody, but also voices which opposed it. While they most often identified with and assumed voices in favor of joint custody, they also did so with voices expressing opposing positions. Our results belie the common expectation that individuals who are committed to a cause will not be open to the opinions of others, and are incapable of seeing the world from others’ points of view.     

Promoting Parenting Plans:A New Role for the Psychologist as Expert in Custody Disputes

This paper argues that existing adversarial approachesto post-divorce custody rulings are neither in thebest interests of the child nor consistent withobligations to children under the United NationsConvention on the Rights of the Child. The traditionalrole of psychologists acting as experts in divorceproceedings has been to determine custody and accessarrangements by evaluating parental fitness. It isargued that this role should be altered and expandedto a process that is threefold. Specifically, it issuggested that the role of the psychologist acting asan expert in divorce custody proceedings should be to:(1) inform the courts about children's rights underthe Convention, (2) inform the courts about children'sneeds as identified in the developmental psychologyresearch literature, and (3) assist with methods ofjoint legal custody determinations that arechild-centered and constitute family reorganizationrather than family dissolution. It is suggested thatthe third role may be best accomplished through theuse of a Parenting Plan that allows custodialdecisions to meet the goals of child-centereddecision-making, continued meaningful involvement ofboth parents in the child's life, and reducedinter-parental conflict.     

Shared Parenting Dysfunction

Joint custody of children is the most prevalent court ordered arrangement for families of divorce. The goal of joint custody is to provide children the benefit of both parents' involvement and influence in their lives. To achieve this goal, judges require parents to engage in shared parenting, where joint decision-making and co-operation are necessary. A growing body of literature indicates that many parents engage in behaviors that are incompatible with shared parenting. The present article provides specific criteria for a definition of Shared Parenting Dysfunction. Clinical aspects of the phenomenon are reviewed and directions for research are delineated.     

Child custody disputes: A review of legal and clinical resolution methods

This paper reviews existing practices from the mental health, marriage and family therapy, and legal professions which offer alternatives to traditional adversarial custody resolution methods. Based upon suggestions from legal and mental health professionals, the authors advocate allocating state resources for interprofessional family courts which would provide custody counseling, mediation, evaluation, and consultation as alternatives to adversarial methods.     

Custody and Visitation Trends in the United States in Domestic Violence Cases

Summary

This article addresses custody and visitation trends in domestic violence cases in the United States. It defines domestic violence behaviorally, looks briefly at its prevalence, and discusses national policy statements and studies. It also examines statutory trends concerning the role of domestic violence in custody and visitation cases, including the O. J. Simpson guardianship case. Practical suggestions for litigants and judges are included. The article concludes that the way domestic violence issues are treated in custody and visitation cases is often problematic, and calls for specific reforms.     

Mental health in Swedish children living in joint physical custody and their parents' life satisfaction: A cross‐sectional study

This study compared the psychological symptoms of 129 children in joint physical custody with children in single care and nuclear families, using a nationally representative 2011 survey of 1,297 Swedish children aged between four and 18 years. The outcome measure was the Strengths and Difficulties Questionnaire (SDQ) and its association with three dimensions of parental life satisfaction was investigated. Linear regression analyses showed higher SDQ‐scores for children in joint physical custody (B = 1.4, p < 0.001) and single care (B = 2.2, p < 0.001) than in nuclear families, after adjustment for socio‐demographic variables. The estimates decreased to 1.1 and 1.3, respectively, after being adjusted for parental life satisfaction ( p < 0.01). Our findings confirm previous research that showed lower symptom scores for children in nuclear families than children in single care and joint physical custody. Parental life satisfaction should be investigated further as a possible explanation of differences in symptom load between children in different living arrangements.     

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.     

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.     

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.