Sexual abuse allegations in child custody disputes

Abstract

Since the 1970s the emerging roles of men and women, and the associated changes in family structure and parent-child relationships, have been mirrored in custody and visitation laws (Levine, Ewing, & Hager, 1987; Wallerstein, 1985). Sociocultural developments, such as concerns about sexual discrimination, the movement of mothers into the work force, and the emergence of no-fault divorce (Ricks, 1984) have influenced courts to shift gradually from the presumption of maternal custody the tender years presumption-toward greater equality in the claims of mothers and fathers. At present custody decisions tend to be based more on the needs of the child, than the rights of the parents. This situation has set the stage for a proliferation of custody disputes (Zarski, Knight, & Zarski, 1985) and a concomitant search for standards and guidelines to govern the best interests of the child criterion (Hauser, 1985). Mental health professionals have aimed to assist in the interpretation of this criterion by attempting to match the needs of the child with the parent whose resources and skills are best suited to meet these requirements (Jaffe, Austin, Leschied, & Sas, 1987; Weiner, Simons, & Cavanaugh, 1985). Joint custody is being widely prescribed as representing the best interests of the child. However, its practical consequences (Roman & Dichter, 1985) and psychological implications (Melton, Petrila, Poythress & Slobogin, 1987) are still being explored. During a divorce and custody dispute embittered spouses may resort to extremes of behaviour (Kaplan & Kaplan, 1981). In the early 1970s adultery was the main contentious issue used to draw attention to a parent’s moral fitness (Murray, 1987). Prior to 1974 an adulterous parent was presumed to have forfeited custody and, in some cases, even visitation rights (McCahey, 1987). Within the past 15 years, both social mores and custody laws regarding the sexual conduct of parents have changed dramatically (Brinkley v. Brinkley, 1985; Dykes v. Dykes, 1986). As a general rule, evidence of a parent’s sexual conduct standing by itself will no longer support a denial of custody to that parent (McCahey, 1987). The recent increase in reported cases of child sexual abuse and incest, as