Child custody is a difficult and sensitive matter. During the disputes people go through multiple interviews, background checks, and other privacy invading matters. Child custody evaluations are need when parents are divorcing. This is all done in order to obtain custody of one or more children. The children do not have to be the parents biological children in order to be able to fight for custody of the child. In the evaluations multiple factors are taken into consideration. Through the entire process the most important aspect about the outcome of the evaluations, is that the child’s best interest is always the main factor. Child custody evaluations attempt to investigate and find the best situation for the child between the parties fighting over custody.
Child custody evaluations cover multiple issues such as custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. There are multiple forms of custody that can result from a child custody evaluation. First is physical custody which is defined as “how much time a child spends with each parent, if the parents share physical custody” (Costanzo & Krauss, 2012). Another form of custody is legal custody, which gives a parent the authority to decide certain influential factors in the child’s life (Costanzo & Krauss, 2012). Joint legal custody is also an option. Another form of custody is sole custody which is defined as “one parent has legal and physical custody while the other typically has agreed upon some rights to visit the child at regular intervals” (Costanzo & Krauss, 2012). “Most custody decisions – about 90% - are made without resorting to litigation” (Costanzo & Krauss, 2012). “Estimates of actual custody arrangements in...
... middle of paper ...
...hat can be decided on by the court in order to place the child in the best possible position. Psychologist conduct multiple tests and processes on the parents and children in order to gain the most information possible to give the best recommendation that they can to the courts concerning the child. Laws have evolved overtime in order to best fit the current social standards. The child custody evaluation remains with one main goal throughout the entire process, which is to determine the best interests of the child and to place the child in the best situation available.
Works Cited
Costanzo, Mark, and Daniel Krauss. Forensic and legal psychology: psychological science applied to law. New York, NY: Worth Publishers, 2012. Print.
"Guidelines for Child Custody Evaluations in Family Law Proceedings." American Psychologist. 65 ed. 2010. APA.org. Web. 17 Nov. 2013.
...t to providing the child with protection when determining what is in the child’s best interests. The risk of violence within the home is considered when contemplating on parenting orders, so the child is not exposed to what is considered an unacceptable risk.
A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.
Before the 1800’s, children were looked upon as only property. During this time, if a couple were divorced, the children would go directly to the father, because “women were not permitted to own property” (Costanzo & Kraus, 2012). This was practice in child custody was known as “the legal doctrine of Pater familias” (Costanzo & Kraus, 2012). However by the 1800’s thoughts on child custody had changed to what is known as “best interest of the child standard” or BICS (Costanzo & Kraus, 2012). BICS is pretty self-explanatory; its meaning is that the thoughts and feelings of a child or children caught in a divorce were taken into account over those of the adults involved in the case. The child (ren) was at that time placed within the best situation. Since not everyone was in agreement over what is for the best of a child or children caught in a divorce, once again things regarding child custody changed.
The family discussed includes a father (M.M.) age 27, a mother (J.M.) age 25, and an infant son (J.L.M.) age four months. M.M. and J.M. are the biological parents
In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
Copyright (c) 2005 Virginia Journal of Social Policy & the Law Virginia Journal of Social Policy & the Law, 2005, 12 Va. J. Soc. Pol'y & L. 371, 13986 words, SYMPOSIUM: THE STATE CONSTRUCTION OF FAMILIES: FOSTER CARE, TERMINATION OF PARENTAL RIGHTS, AND ADOPTION: FROM ANTICIPATION TO EVIDENCE: RESEARCH ON THE ADOPTION
take into account and assess the needs of the child and what type of relationship with
In 2007 there were approximately 77,200 fathers and 65,600 mothers incarcerated in the United States (Bureau of Justice Statistics, 2007). As our society continues to grow, our jail and prison population are growing as well. When a parent or guardian is taken into custody the juvenile (child) is taken and released to a relative or child protective services. The children are either given to a close family member or a surrogate parent, meaning a foster home. This may have an emotional impact on the juvenile involved, which may lead them to committing delinquent acts. The children sometimes feel they are left to fend for themselves emotionally and the stress of these emotions are left upon the guardian at the time. These intense sufferings sometimes leave the juveniles in a harmful mental state resembling depression, anxiety, post-traumatic stress disorder and feelings of abandonment from their parents/guardians. Children with incarcerated parents are five times more likely than their peers to commit crimes (Texas Department of Criminal Justice, 2008).
To begin, we must examine the “best interest of the child” doctrine. Is this doctrine helping or hindering the child custody evaluation process? One important point made by John Mercer (2009) is that this term is not clearly defined and may in fact have different meanings for different children. This points to the idea that child custody evaluations are a very case/individual specific type of evaluation.
Costanzo, M., & Krauss, D. (2012). Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth Publishers.
Costanzo, M., & Krauss, D. (2012). Forensic and legal psychology: Psychological science applied to law. New York, NY: Worth Publishers.
Greenfield, D. (2007). Introduction to forensic psychology. issues and controversies in crime and justice. Journal of Psychiatry & Law, 35(2), 201-201-204,105-106.
...sed on what is best for the child or children involved. It should not be based on the sex of the parent, or who the judge may think would be the better parent because of biased opinions. The decision needs to be based on facts, and on the mental statuses of the parents involved. Which parent has the child best interest at heart? If it is the father, then grant him custody, if it is the mom, then give her custody, or if they are agreeable grant them joint custody. Do what is best for the child.
Cashmore and Parkinson (2009) state that around 90% of children want to have a say during the decision of their custody (p.19). This study included 90 parents, around 50 children and a number of professionals, and was based on the interview with the participant. Furthermore, children believe that it is important to be acknowledged and their involvement will help in making better decisions for their future arrangements (Birnbaum and Saini, 2012, p.405; Kelly, 2001, p.287). On contrary to the finding of the previous paragraph, even though children fear that their decision would affect feelings of their parents, it does not stop them from a desire to have a say (Graham et al., 2009,
"Our Family Wizard - Child Custody, Parenting Time." Divorced Parents and Teens -. The Our