Abstract
The last few decades have seen significant judicial and legal changes related to divorce and child custody. The aim of this paper is to look at the child custody issues related to a particular case and how American Psychological Association’s Guidelines for Child Custody Evaluations can help to resolve those issues. In most cases, there is little empirical evidence to support the methods used by professionals in resolving child custody disputes in the court. The child custody evaluations have become more comprehensive during the past decade. Different and numerous methods of data gathering are used to raise the reliability and validity of the conclusions and opinions that develop during a child custody case.
The American Psychological Association’s Guidelines for Child Custody Evaluations help evaluate the situation professionally and ethically, so that the decision meets the best interest of the child. As there is considerable variability in the methods conducting child custody evaluations, certain guidelines are essential to resolving various custody issues. The objective of these guidelines is to promote higher proficiency when evaluating the particular conditions in a case.
American Psychological Association’s Guidelines for Child Custody Evaluations (American Psychological Association, 2002) address the resolution of decision-making, caretaking, and access disputes. Recently, one sees a higher use of terms like parenting time or "parental rights and responsibilities" over the term custody. The guidelines for child custody encompass a broad range of issues that cover maintenance, support, visitation, relocation and dissolution of parental rights. In addition, the guidelines offer support to the psychologists providing to families, children and adults associated with the case. The guidelines diverge from the standards as the standards are compulsory and may accompany certain enforcement mechanism. Guidelines are there to recommend specific professional behavior to help systematic development of the profession and motivate a higher level of practice by psychologists. These guidelines are revised every four-year so as to update the resources used in child custody evaluations and help dissolve any disputes during (Grisso, 1990) decision-making. Often, child custody related disputes are not exclusively "marital" and may not include "divorce", as some parents may never have been married. A parent might seek custody for work-related reasons or relocation. The guidelines take care of the important developments in family law proceedings when the concerned parties are not able to reach agreement. The court must intervene in order to protect the best interests of the child, and may restructure the rights and responsibilities ( Artis, 2004).. The practice parameters can often be complex for the clinicians and psychologists evaluating the delicate issues surrounding a child custody dispute. Thousands of children are often the center of log legal battles in court that go on for the custody of the child. The role of the evaluator is extremely important, and he has to wear two hats, one of the therapist and another of the forensic evaluator. Apart from having a professional competence and background in evaluation and treatment, he must also possess an understanding of family and interpersonal dynamics.
In the current case, there are three areas that need special focus are the age of the children involved, the income status of the divorcing couple and the biological status of the parents.a) The age of the children The 14-year-old daughter from a previous relationship of the mother has a say in her preference for a certain parent and whom she would like to stay with. However, it should not be assumed that the court will respect a child’s preference and may not necessarily follow every aspect of it. The courts would like to evaluate if her choice is sincere enough in her choice of parent. Today, the children have a voice to express their custody preference unlike ever before. Still, the court will see if the child’s preference works in her best interest. The other two children are 8 and ten years old, and old enough to have their opinions carefully considered by the court. Still, the court will have to evaluate carefully if any one parent or both of them are trying to influence a child regarding custody.
b) Biological status of the parents The father is not biological in this case. The child's adoptive parent can still have custody rights after separation from the mother. However, the battle may be tougher for the father as in most cases the natural parent end up winning custody. Unless and until the 14 year old shows strong emotional feelings towards him as a father, he can assert his rights as an adoptive parent.c) The income status of the divorcing couple As the mother is not working and may take up a job later to support the children, the court will put in a least minimum income for full-time employment. The father is working, and the final child support will get calculated based on the parents’ financial situations and the standard of living of the family.
References
Grisso, T. (1990). Evolving guidelines for divorce/custody evaluations. Family and Conciliation Courts Review, 28, 35–41. American Psychological Association. (2002). Ethical principles of psychologists and code of conduct. American Psychologist, 57, 1060–1073.
Artis, J. E. (2004). Judging the best interests of the child: Judges’ accounts of the tender years doctrine. Law and Society Review, 38, 769–806.
