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.     

Women with Children in Violent Relationships

Summary

Custody issues for battered women means continuing involvement with a violent, abusive, intimidating partner. This article explores the continuing power and control dynamics of the domestic violence relationship after the woman with children leaves, and presents some preliminary findings. The custody of the children, visitation and financial arrangements often become the basis of terrorism as the man attempts to continue to control the woman's behavior with threats against the children. Fear of losing her children may force a woman to stay in a violent relationship, or return in spite of danger to her children and herself. On the other hand, the history of violence may make it difficult for the mother to cooperate with the court orders regarding joint custody or visitation even when safety appears not to be an issue. It is important for professionals working with children of violent families to understand the continuing effects of domestic violence after separation in order to provide assistance to children “caught in the middle” in custody disputes.     

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.     

Women with Physical Disabilities Who Want to Leave Their Partners

Abstract

Four domains of barriers for women with physical disabilities who are considering leaving a partner are outlined. These obstacles include (a) physical needs; (b) financial needs; (c) custody concerns; and (d) relationship issues. Disability policies can have direct bearing on the lives of women with disabilities, and hence on their freedom to choose to remain with or to leave a partner.     

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.     

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.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

Custody Evaluations: Critical Contextual and Ethical Considerations

The area of custody evaluation is fraught with anxiety and tension for parents and children as well as therapists. This article encourages the use of a set of lenses that explores individual and family members' relationships within a variety of contexts. To advance the reader's understanding, a model employing various levels and domains will be presented and described. A variety of critical ethical issues, and challenges often encountered by therapists are also examined.     

An evaluative study of the role of the grandparent in the best interests of the child

Abstract

Most custody decisions are made in courts hewing to the concept “the best interests of the child. “Most professionals agree that children suffer from a fractured family situation; they disagree on the degree to which children suffer at various stages of growth and development. There is a lack of agreement as to what constitutes a child's best interests. Recent research suggests that grandparents may play a very significant role in the entire life cycle of children. The legal position of grandparents in custodial matters remains somewhat ambiguous. Recently legislation has granted grandparents the right to seek visitation. This represents an awareness on the part of the court that grandparents and grandparenting may be a significant factor in actualizing the best interests of the child.     

Physical activity,screen time and subjective well-being among children

Background/ObjectiveThe aim of the study was to explore the differences between physical activity and/or screen time levels on cognitive (Life satisfaction LS) and affective (Positive affect, PA and Negative affect NA) components of subjective well-being (SWB) in children.MethodThis cross-sectional study enrolled 1,540 children (1,040 boys, 8–12 years old). LS, PA, NA, physical activity and screen time were assessed with validated questionnaires.ResultsChildren who reported 3 days per week of physical activity or less had lower LS and PA than counterparts with ≥6 days of physical activity per week (p < .05). Participants who reported 2 hours per day or less of screen time had lower NA than counterparts with 4 hours per day or more of screen time (p < .05). Also, children who meet physical activity guidelines have higher LS and PA compared to inactive peers, even with high screen time. In contrast, excessive screen time was also related with NA independent of the level of physical activity.ConclusionsOur findings suggest that physical activity is related with positive feelings and LS, but does not eliminate the effect of screen time on negative feelings among Chilean children.     

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.     

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 systematic review of the within-person association between physical activity and affect in children's and adolescents' daily lives

BackgroundIt is important to understand the relationship between physical activity and affect because affect experienced during physical activity and momentary incidental affect may both predict physical activity behaviours. Additionally, affect experienced during physical activity may explain the mental health benefits of participation in physical activity. Utilising ambulatory assessment techniques, researchers can examine the acute within-person association between physical activity and affect in children and adolescents' daily life. The purpose of this study was to systematically review the literature to determine whether there is a within-person association between physical activity and affect in children and adolescents' daily life.MethodsMedline via EBSCOHost, SPORTdiscus, PsychINFO, and Scopus were searched up to March 2020. A narrative synthesis was used to summarize results of the included studies.ResultsTen studies, reporting on nine unique samples, met the inclusion criteria. The strongest evidence identified was for a positive within-person association between physical activity and subsequent positive affect and energy. The findings regarding the within-person association between physical activity and subsequent negative affect and moods were mixed, as were the findings regarding affect predicting subsequent physical activity.ConclusionThere was mixed support for the acute within-person association between physical activity and affect in children and adolescents. Future research should consider factors that may moderate the relationship between physical activity and affect. Additionally, experimental research should examine how manipulations of incidental affect effect physical activity participation in children and adolescents' daily life.Prospero RegistrationCRD42020141649.     

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.     

Reciprocal effects of motivation in physical education and self-reported physical activity

ObjectivesThe present study tested whether self-reported school and leisure-time physical activity have a reciprocal relationship with Physical Education (PE)-based motivational regulations described by self-determination theory. Participants were 635 11- and 12-year-old school children from the United Kingdom.Design & MethodA cross-lagged longitudinal design over two time points was employed. Study hypotheses were analyzed using latent factor reciprocal effects models.ResultsFollowing temporal invariance tests, data revealed positive relationships between both types of physical activity and subsequent changes in autonomous motivation, but not the oft-stated reverse relationship. No relationships were observed involving introjected regulation. Theoretically aligned relationships between external regulation and changes in physical activity were observed, but no reverse relationships. Both types of physical activity behavior were negatively associated with changes in amotivation in PE, but surprisingly, amotivation in PE positively predicted changes in leisure-time physical activity.ConclusionsIn general, physical activity participation may help children internalize reasons for partaking in PE and foster self-determination. However, the widespread theory that self-determined PE motives can develop school and leisure-time physical activity participation was not compellingly demonstrated.     

Reprint of “Relationship between BMI,waist circumference,physical activity and probable developmental coordination disorder over time”

BackgroundCross-sectional studies have shown that children with developmental coordination disorder (DCD) are less likely to be physically active and have excess weight gain. However, longitudinal studies examining the relationship between DCD and measures of body composition (BMI and waist circumference) over time are lacking. It is not known if sex and physical activity affect the relationship between DCD and measures of body composition over time.Objective(1) To examine if BMI and waist circumference in children with and without probable DCD (pDCD) remain constant over time or change as children age, and whether this relationship varies by sex. (2) To examine if differences in physical activity between children with and without pDCD account for differences in BMI and waist circumference over time.MethodsPhysical Health Activity Study Team (PHAST) data were used for this longitudinal analysis. At baseline, a total of 2,278 (pDCD = 103) children aged 9–10 years were included in the analysis. The total follow-up period was five years. Mixed-effects modeling was used to estimate change in body composition measures in children over time.ResultsChildren with pDCD have higher BMI and waist circumference compared to typically developing children, and this difference increased over the study period. The relationship between pDCD and BMI over time also varied by sex. A similar trend was observed for waist circumference. Boys with pDCD were found to have a more rapid increase in BMI and waist circumference compared to girls with pDCD. Physical activity had neither a mediating nor a moderating effect on the relationship between pDCD and measures of body composition. However, physical activity was independently and negatively associated with measures of body composition.ConclusionspDCD is associated with higher body mass and waist circumference, both important risk factors for cardiovascular disease, type 2 diabetes, and psychological problems and other health conditions.     

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.     

The relationship between physical fitness and inhibitory ability in children with attention deficit hyperactivity disorder: An event-related potential study

ObjectivesThe purpose of the current study was to examine the relationship between physical fitness and interference control by comparing higher and lower fitness children with attention deficit hyperactivity disorder (ADHD) using event-related potentials (ERPs) and behavioral indices.DesignCross-sectional design was employed.MethodEighty children, previously diagnosed with ADHD, were evaluated on their inhibitory ability as measured during their participation in the flanker task, and this ability was examined in relationship to measures of their physical fitness. Only children in the top 40% or in the bottom 40% of the distribution for each fitness components were included in the statistical analysis.ResultsThe results showed that children with higher levels of muscular endurance, muscular power, and aerobic capacity had shorter reaction times (RT) and larger P3 amplitudes compared to less fit children. In addition, children with lower body composition had shorter reaction times and shorter P3 latencies compared to those with higher body composition.ConclusionsBetter physical fitness, especially muscular endurance, muscular power, aerobic capacity, and body composition, were associated with enhanced interference control in children with ADHD. Our findings suggest the need for a closer examination of the possible impact of different aspects of fitness on the general relationship between physical fitness and cognition.     

Joint custody: research, theory, and policy

A majority of states have now enacted legislation addressing the issue of joint custody of children after divorce. This article examines current research on the subject, explores its implications for family theory, and attempts to draw some empirically based conclusions regarding policy. The literature would seem to support a structuralist view of the family and to undermine normative theories of the family life cycle. The author concludes that policy should not be aimed at developing a presumption of joint legal custody alone, but, rather, of joint physical custody with specified limitations.