Custody of Children: Divorce
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EVIDENCE- Custody of Children: Divorce BASED CARE SHEET What We Know › When a separating couple cannot come to an agreement on with whom a child should live, on visitation arrangements, or on which parent should make legal decisions for the child, then the court determines custody(13) • Legal custody refers to the parents’ decision-making responsibilities toward the child, such as educational decisions, financial decisions,and decisions regarding healthcare. Physical custody refers to the amount of time that a child lives with each parent(21) • Research has noted a shift in the courts over the past 15–20 years away from awarding mothers sole physical custody of children to granting fathers shared custody.(15) Shared physical custody, also referred to as shared parenting, has increased significantly since 1990 in many countries, including the United States, Australia, Denmark, Sweden, the Netherlands, and Belgium.(15,38) Literature suggests that one of the main reasons for this shift is increasing workforce participation by mothers (i.e., there are fewer nonworking mothers than there were 15–20 years ago). Families with higher incomes are more likely to have shared custody(5) › Studies have found that children whose divorced parents share custody do not have more psychosocial problems and complaints than children under sole parental care. These results are contrary to the belief put forth by opponents of shared custody that the shared custody arrangement results in confusion and emotional distress for the children involved(15) • Researchers conducting a systematic review examined over 40 studies on divorce and shared custody, which for the most part found that children experienced better outcomes with shared custody when compared to sole physical custody. Although ongoing parental conflict or a poor relationship between the child and the father were shown to decrease the benefit of shared parental custody, there was no evidence that children in these situations would have fared better in a sole custody arrangement.(15)The quality of parent-childrelationships has a greater influence on child well-being than the type of custodial arrangement and can mediate the impact of parental conflict on children(35) • In a meta-analysis of data from 19 studies, investigators reported that children who spent roughly equal amounts of time with each parent had better behavioral and social adjustment than children in sole physical custody arrangements(25) Authors Laura Gale, LCSW • Researchers in a Swedish study found that children in shared custody arrangements had Cinahl Information Systems, Glendale, CA lower rates of internalizing and externalizing symptoms than children in sole parental Melissa Rosales Neff, MSW care(7) Cinahl Information Systems, Glendale, CA • In a study that explored the role of children’s personality characteristics on their well-being in different custody arrangements, researchers found that children who Reviewers Jennifer Teska, MSW are conscientious may have an improved ability to self-regulate behavior and be Cinahl Information Systems, Glendale, CA adaptive, which can improve their ability to cope with joint physical custody. The Laura McLuckey, MSW, LCSW frequent transitions can have a negative impact, however, by interfering with the child’s Cinahl Information Systems, Glendale, CA conscientious nature, which would typically include being organized(20) • There has been little research into the impact of separations and overnight stays on infants and toddlers. Scholars advise that, optimally, young children be able to develop February 2, 2018 in an environment that supports their attachments with both parents. Readiness for Published by Cinahl Information Systems, a division of EBSCO Information Services. Copyright©2018, Cinahl Information Systems. All rights reserved. No part of this may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. Cinahl Information Systems accepts no liability for advice or information given herein or errors/omissions in the text. It is merely intended as a general informational overview of the subject for the healthcare professional. Cinahl Information Systems, 1509 Wilson Terrace, Glendale, CA 91206 overnight visits depends in part on the child having a secure attachment with both parents, and whether or not there is conflict between the parents(36) • Although research has focused on the impacts of shared custody on children, investigators report that this arrangement can also benefit mothers in terms of reducing time pressures and stress(38) › Courts increasingly are utilizing social workers in forensic roles in child-custody proceedings(3) • Social workers may work as mediators, assisting families to come to custody agreements outside the court process(3) • Social workers may be hired by courts to conduct objective evaluations of child-custody arrangements. Social workers observe parent–child interactions and can provide the courts with information about the needs and strengths of the child; parenting skills and parenting style, including verbal and nonverbal parenting behaviors; parent–child bonding or lack thereof; and communication dynamics(3,19) • Social workers may be hired by attorneys to act as expert witnesses or consultants to challenge the views of the court-appointed custody evaluator(3) › Although legal definitions vary by state, all courts and forensic mental health experts adhere to the “best interest of the child” standard when conducting custody evaluations(3) • The U.S. Uniform Marriage and Divorce Act establishes that factors to be considered under this standard include the child’s relationship with his or her parents, the child’s ability to adjust to living and school arrangements, and the mental and physical health of both the child and the parents(s)(18) • Increasingly, courts are recognizing the need for children to be represented independently to ensure that their needs and interests remain at the forefront of custody hearings, as opposed to each parent’s attorney trying to win his or her side of the case. Research supports mandating judges to appoint guardians ad litem (GAL) in custody cases, especially those involving parental alienation syndrome (PAS; see below). GALs may be psychologists, attorneys, social workers, or specially trained volunteers whose sole purpose is to be the voice of the child in court and to provide independent representation for his or her “best interest”(14) › The majority of parents are able to come to an agreement regarding child custody outside of court, either on their own or through mediation(2) • Mediation is a conflict-resolution approach that assists parents who are in disagreement regarding child custody, child support, property division, or other issues to come to a resolution(2) • Mediators are professionals trained in conflict resolution, counseling, and/or the law(2) • Mediation has been shown to decrease the use of litigation to solve disputes, lower the cost of divorce, and increase parents’ satisfaction with outcomes(2) • To avoid role confusion, mediators need to recognize that their role is to help the parents develop a visitation and parenting plan through a democratic process rather than taking on an authoritarian role. The mediator is not meant to act as an arbitrator or custody evaluator(8) • Child-inclusive mediation is a model that was developed in Australia and subsequently implemented in New Zealand and Canada. In child-inclusive mediation, a trained specialist consults with children 5 years of age and older, then shares their input with the parents and mediator in a “therapeutic dialogue” that focuses on how the children’s needs can inform the parenting plan being developed in mediation. This model is believed to support children’s emotional needs by recognizing their thoughts and feelings while protecting them from feeling that they are making a decision about custody(33) › Approximately10% of divorces are considered high-conflict and require litigation to resolve custody issues(13) • Parental conflict is more predictive of child maladjustment following divorce than the type of custody or living arrangements for the child post-divorce(16) • Ongoing high levels of conflict between parents can negatively affect a child’s emotional well-being and security, behavior, social skills, and academic achievement(16) • High-conflict custody disputes often involve a dynamic referred to as parental alienation syndrome (PAS)(13,16,22) –Though the existence of PAS is disputed, it is frequently invoked in custody disputes(13,16,22) –Proponents of the existence of PAS believe that the syndrome arises when one parent denigrates the other parent in an attempt to draw the child into an alliance and encourages the child to take on the views of the accusing parent(22) –A parent may use several different strategies to alienate the child from the other parent. In a study, investigators found that 80%–90% of parents in high-conflict divorces with a PAS dynamic had done one or more of the following: failed to provide the parent with important information about the child, prevented the child from visiting the other parent, made decisions without consulting the other parent, interrogated the child after a visit with the other parent, hindered telephone contact with the other parent, or sought out new alliances to further alienate the other parent (e.g., new partner,