Child Custody Research Articles

The Rule of Law and Custody of Children in Sweden – What Would King Solomon Have Done?

The Rule of Law and Custody of Children in Sweden – What Would King Solomon Have Done?

Three-Year Custody Outcomes Among Infants Investigated by Child Protection Systems for Prenatal Substance Exposure in California

ObjectiveInfants affected by prenatal alcohol and drug use are more likely to be removed from parental custody than those in the general population, although it is unclear whether their custody outcomes differ from infants investigated by child protection systems (CPS) for other reasons. This analysis seeks to compare trajectories of involvement and custody outcomes among infants investigated by CPS with and without documentation of prenatal substance exposure (PSE).MethodWe used vital birth records linked to administrative CPS records to examine the timing of system involvement and 3-year custodial outcomes among investigated infants with and without identified PSE. We defined PSE according to documentation on the state’s standardized hotline screening form, which CPS completes upon referral for alleged maltreatment. We estimated the likelihood a child was in nonparental custody at age 3 by specifying multivariable generalized linear models, adjusted for covariates available in the birth record.ResultsIn our sample of 22,855 infants investigated by CPS in 2017 in California, more than 26% had documentation of PSE. These infants experienced an accelerated timeline of system penetration and were 2.2 times as likely to be in nonparental placement at age 3.DiscussionPSE confers an independent risk of custody interruption among infants investigated by CPS. The younger age of these infants, complexity of parental substance use, and potential misalignment of administrative permanency timelines with parental recovery all suggest the need for increased research, policy, and programmatic interventions to serve this vulnerable population.

Kedudukan Hak Asuh Anak Pasca Terjadinya Perceraian dari Istri yang Murtad Menurut Hukum Islam


 Provisions for Child Custody Based on the Compilation of Islamic Law are Muslim, mature, healthy in mind, trustworthy, single, able to educate children. rights and authority for those (women) who are apostates (non-Muslims) to take care of children. This study aims to find out more about child custody provisions based on Islamic law compilations and child custody due to divorce due to apostasy from a wife according to Islamic law compilations using normative methods that collect and analyze data in order to obtain a clear picture of the issues being discussed writing, with the aim of describing or describing the occurrence of a problem in a systematic, factual and also accurate manner and in order to get the truth in the process of perfecting this writing. KHI. Islamic law.
 Keywords: Child Custody, Divorce, Apostate Wives.

Fineman Speaks to Dobbs

It is an honor to comment on the scholarship of the preeminent legal theorist Martha Fineman. Throughout her pioneering career, she has challenged liberal feminist ideals grounded in anti-discrimination principles. She shows how sex neutrality and formal equality in law and policy fail to realize justice for women and children. In the last few decades, she has broadened her analysis to a critique of autonomy as a foundational ideal in law. In its place, she offers an account of the state’s obligation to respond to universal human vulnerability. As an entirety, I have found Fineman’s scholarship important to my own work because it offers a formidable normative argument for affirmative entitlements for caregivers and caretaking. Her specific analyses have ranged across diverse socio-legal arenas from divorce law and child custody, to the structure of the workplace, to public assistance and welfare policies.
 In this Essay, I explore the import of Fineman’s ideas for a pressing feminist issue upon which neither of us have focused in our scholarship: abortion. Given her longstanding focus on the social debt owed to mothers (including men who perform the labor of mothering), it is interesting that Fineman has not specifically spoken to the importance of women’s freedom from motherhood. In this Essay, however, I argue her ideas offer a critique of Dobbs v. Jackson Women’s Health Organization and a theoretical foundation for abortion access. I hope this nascent exploration offers new insight into both the range and power of Fineman’s scholarship and productive paths forward for the reproductive justice movement.

Who Should Exercise Child Custody after Divorce?

By law, children under the age of ten must be passed on to their mothers. Meanwhile, children over the age of ten have the right to vote, even though in reality they will be cared for more by their fathers. This study aims to find out how the implementation of post-divorce child custody that occurred in Sidenreng Rappang District was not following the judge’s decision. This study uses a sociological juridical approach which concludes that the implementation of post-divorce child custody is not by the decisions of the Religious Courts. This research is descriptive, namely research that provides data about something or social phenomena that develop in society so that this research is expected to obtain a comprehensive, complete, and systematic picture of the object to be examined. The Plaintiff’s lack of sense of responsibility, and mental condition that is not ready for divorce is the trigger for child custody not being fully taken over by the ex-wife. Defendant feels a lack of sense of responsibility from Plaintiff who is not ready for a divorce. A sense of responsibility that is not realized that children are entrusted by God who will be held accountable later.

Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child

Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child

The importance of clinician courtroom testimony for children exposed to domestic violence

AbstractChildren exposed to domestic violence account for as many as a third of all children in the United States. Many of these children will seek mental health treatment for symptoms of trauma. The clinicians who provide their treatment are often called as witnesses in family law proceedings, especially child protection and custody cases. Clinicians are often anxious when they receive subpoenas to testify and prefer to avoid testimony. Training about court proceedings, subpoenas and how to prepare for testimony would be beneficial for clinicians and will help clinicians be more confident in the courtroom. Additionally, becoming designated as expert witnesses can only help mental health clinicians provide a greater understanding of the issues encountered by children experiencing domestic violence, and these clinicians can provide recommendations that will take into account child safety without exacerbating trauma symptoms.

Parental alienation in Lebanon: a case report

BackgroundParental alienation is a relatively newly described disorder, with a growing prevalence, as divorce and custody battles are becoming more and more complex with increased difficulty of joint custody. In parental alienation, one parent, the alienating parent, forms an alliance with the child involved in the custody dispute and manages to effectively alienate the targeted parent completely. The child and the alienating parent manifest a form of folie à deux and, hence, are in complete synchrony in the hatred and denigration of the targeted parent. Issues, such as potentially false allegations of sexual, physical, and emotional abuse of the child by the targeted parent, arise. The child and the alienating parent become mutually convinced of the targeted parent’s transgressions. Consequently, it becomes difficult for the courts and psychiatric professionals to differentiate true abuse from parental alienation.Case presentationIn this case study, we aimed to conduct an in-depth psychological and psychiatric evaluation of a Lebanese family (white race) where a father was wrongly accused by the mother and his 11-year-old white boy of both physical and sexual abuse. The data for this study were collected through unstructured and semi-structured interviews, observations, and psychological tests (Rorschach test for the parents and Blacky test for the child), and through the analysis of documented evidence presented in the trial.ConclusionThis case manifested most criteria set forth for the diagnosis of parental alienation and created serious doubt regarding the validity of the allegations set forth by the mother and the child. Uncovered parental alienation often misleads mental health professionals at the expense of the child’s mental health .

Review of “Marriage Unbound: State Law, Power, and Inequality in Contemporary China”

Nowadays in China, is it much easier for women to get a divorce decree from the courts? Do women have a higher chance to win the battle for custody and marital property? The book Marriage Unbound: State Law, Power, and Inequality in Contemporary China by Ke Li documents rural women’s experience of pursuing divorce in the court. Based on more than 10 years’ in-depth field research in two rural townships in Sichuan Province, Li provides a vivid picture of how rural women struggle in strained marriage, and how they mobilize state law to fight for their freedom and rights in intimate relationships, and how the judicial institutions respond to these women’s claims. The answer the book indicates is that the courts neither make it easier for women to get divorce nor favor them in allocating child custody and property. Li sees through the gendered outcomes in different individual divorce cases to make a big story that links state law, power, and inequality together.

CHILD CUSTODY AFTER DIVORCE: ENHANCE A SHARED-PARENTING IN INDONESIAN MARRIAGE LEGAL SYSTEM

Shared Parenting is a concept that has been gaining worldwide attention in recent years, and Indonesia is no exception. However, the application of shared parenting in Indonesia has faced numerous obstacles, such as the lack of awareness of shared parenting in the country, cultural factors influencing the uptake of the concept, and legal challenges that stand in the way of its establishment. The key idea in this paper is to enhance a shared parenting system in Indonesia in order to solve a child custody dispute in Indonesia. This research employed qualitative design. The result of the study indicated that providing training and education for these professionals, as well as through policy change and legal reforms were the key to Enhance a Shared-Parenting in Indonesian Marriage Legal System. Shared parenting can reduce the gender wage gap in Indonesia, as both parents are more likely to be involved in the labor force. It also leads to fewer parental conflicts and better decision-making within the household. Despite its potential benefits for both parents and children, shared parenting is still uncommon in Indonesia. The benefits of shared parenting should include the advantages of both parents being actively involved in the lives of their children. Our findings could potentially explain the increase in the understanding of shared parenting as an alternative a child protection after divorce These findings have important implications for enhance marriage legal system. This work suffers from a number of limitations - notably related to empirical data. Several interesting aspects may be explored further by increasing the data in different location.

Relationship between Post-Divorce Parental Alienation and Adolescents’ Meaning in Selected High Schools in Kiambu County, Kenya

Recent evidence stipulates that various parental contributions, such as parental warmth, empathetic parenting, encouragement, and parental involvement in general, are positively associated with adolescent flourishing. In this regard, post-divorce parental alienation creates an unfavourable environment that may disorganize adolescents from adaptive living. The purpose of the study was to examine the relationship between post-divorce parental alienation and adolescents' meaning/purpose in selected high schools in Kiambu County, Kenya. The study was anchored on PERMA well-being theory. The study employed a descriptive survey design using a mixed methods approach. Multistage sampling, inclusion, and exclusion criteria aided by cluster sampling were used to select 240 adolescents from a population of 3776. Purposive sampling was employed in the selection of 32 respondents in the FGD. Qualitative data were collected via audio-tapes recordings and field notes. Verbatim data were transcribed. Quantitative data were collected using Baker strategy questionnaire (BSQ) and the PERMA-Profiler. Descriptive statistics included frequencies, and percentages, while Chi-square analysis was used to test for the hypotheses. The computer software SPSS version 25 aided in the analysis. The findings revealed that post-divorce parental alienation affects adolescents’ meaning /purpose. The study recommends that intervention measures be implemented in consideration of factors as follows. The implications of this research suggest the need for Family lawyers working with children of a divorced parents to carry out thorough investigations before awarding child custody to parents. Marriage and family therapists working with children of divorced families could profit from these results, which clearly show the negative effects of PA on adolescents' well-being. The study suggests that these professionals use the findings of the study to understand commonly employed PA tactics and how they affect those alienated in order to help them cope. Further, the study suggests these professionals use the BSQ to assess PA in this population.

New Onset Capgras and Cotard Delusions in Schizoaffective Disorder

AbstractBackgroundCotard is a syndrome characterized by ideas of damnation or rejection, anxious melancholia, and nihilistic delusions concerning one’s own body or existence. Capgras is a syndrome in which the patient believes that the identities of close relatives or friends are replaced by others. Capgras and Cotard delusion are rarely reported in one individual simultaneously, which we will describe in this poster.Case ReportDD is a 38-year-old female with history of schizoaffective disorder, bipolar type, PTSD, and reported TBI who presented to the ED exhibiting paranoia and delusions in the setting of medication non-adherence and increased psychosocial stressors. She endorsed her organs were rotting, and that she was stolen by imposters who claim to be her family from birth. Chart review revealed previous hospitalizations involving mania and paranoid delusions; however, these Cotard and Capgras delusions were new. She also had reported TBI injury from domestic abuse, as well as emotional and sexual trauma. Her Cotard delusions resolved with risperidone 6 mg daily and valproic acid 500 mg BID. However, her Capgras delusions were maintained after 22 days of inpatient hospitalization. On discharge, she continued to refuse reconnecting with her family and was subsequently set up with an intensive outpatient program.DiscussionCotard and Capgras delusions are considered to reflect different interpretations of similar anomalous experiences. The persecutory delusions and suspiciousness often noted in Capgras contribute to the patient’s mistaking a change in themselves for a change in others, whereas people who are depressed in Cotard exaggerate the negative effects of the same change whilst attributing it to themselves. Although these two delusions are phenomenally distinct, they may therefore represent attempts to make sense of fundamentally similar experiences. The anatomical origin of these disorders have been reported to be from a disconnection between the temporal cortex and the limbic system as described in a patient with ischemic stroke. DD’s PTSD and TBI with possible damage to her left tempoparietal lobe may have predisposed her to comorbid delusions. Although DD’s Cotard delusions abated with antipsychotic treatment, her Capgras delusions were maintained. Recently losing custody of children may have contributed to the depression that precipitated her Cotard subtype 1 delusion. Her response to risperidone is consistent with a previous case report that highlighted the effectiveness of antipsychotics in the absence of ECT with Cotard delusion. In regards to her ongoing Capgras delusion, the chronic abuse by DD’s family may have led to a more persistent psychodynamically meaningful negation of DD’s sense of relationship to her family.ConclusionCapgras and Cotard syndromes, though rare, can present together. Additional studies are needed to understand the pathophysiology and treatment outcomes.FundingNo Funding

Examination of the factors affecting the adjustment of the children of divorced families

The purpose of this study is to investigate the complex relationships in the school and family environment that influence the divorce adjustment of children aged 6-11. The framework of the research is the ecological theory put forward by Bronfenbrenner. The research was designed and conducted in a qualitative design and phenomenological design was used to provide a comprehensive understanding of the divorce adjustment experience. Within the scope of the research, the custodial parents, the classroom teachers and the school counselors of the ten children in the focus were interviewed. The findings obtained from the interviews can be classified into five themes: a)family microsystem, b) school microsystem, c) mesosystem d) exosystem and macrosystem. The first theme is divided into four categories: family structure, custodial parent-child relationships, noncustodial parent-child relationships and relationships with root family. The second theme is divided into three categories: the teacher-student relationship, peer relationships, and the school counselor-student relationship. The third theme is divided into two categories: teacher-parent colloboration and school counselor-parent colloboration. The fourth theme is divided into three categories: dynamics of the education, law, and economic systems. The fifth theme is divided into two categories: the societal economic structure and the sociocultural structure. As a result, supporting children's adjustment to divorce necessitates a holistic approach and organized interventions at various levels.

Re-interpretation of verse 119 of Surah An-Nisa 'on transgenderism with emphasis on Imam Khomeini's thoughts'

One of the emerging issues of Islamic jurisprudence is "gender reassignment." In addition to transforming a person's gender, this changes the persons legal status. The purpose of this research, is initially to summarize the history of this issue in Shiite jurisprudence, explaining the view of the Torah, the Bible and the Holy Quran as well as an overview of gender reassignment types. Subsequently to clearly explain the view of Imam Khomeini in its various dimensions, including: the permissibility of gender reassignment, the effect of gender reassignment on marriage, alimony, dowry, custody of children, family titles and inheritance. The research method is to refer to Imam Khomeini's fatwa’s on this topic in his book Tahrir al-Wasilah. As a research finding, it should be said: According to Imam Khomeini, gender reassignment is permissible, but it will cause the annulment of a previous marriage and changed family titles. Additionally, the share of the transgender person's inheritance will be based on the new gender. The research method is field-study as well as descriptive and analytical. To understand the subject of sex change, transgender, and intersex people, fieldwork was required. In order to understand Imam Khomeini’s point of view descriptive and analytical methods has been applied.

The Dimensions of the Best Interest of the Child in Albania

The principle of the best interest of the child is a fundamental principle in international and national law, which requires that in all actions concerning children, their best interests must be a primary consideration. Albania is still a patriarchal society, and traditional cultural norms and practices sometimes conflict with children's rights and welfare. The aim of this paper is to address the challenges related to cultural and social norms and to fully implement the principle in Albanian context. In Albania, this principle is enshrined in various legal instruments, including the Constitution, the Family Code, and the Law on the Protection of Children's Rights etc. As a result, the paper analyses the principal of best interest of the child in custody and guardianship cases, adoption proceedings, divorce process and child protection cases. In this context, the paper is focused in “Balancing the elements in the best-interests assessment”. However, despite these legal and institutional frameworks, Albania still faces challenges in fully implementing the principle of the best interest of the child. One of the main challenges is the lack of resources and capacities to adequately protect and promote children's rights, particularly for marginalized and vulnerable children. The COVID-19 pandemic has also exacerbated these challenges, with increased reports of child abuse and neglect. In these conditions, the paper presents appropriate recommendations in order to have full implementation of this principle in Albania.
 
 Received: 4 January 2023 / Accepted: 25 February 2023 / Published: 20 March 2023

The Authentication and Study of the Narration of Abū Bakr Al-Ṣiddīq in Giving Child Custody to the Grandmother after the Mother’s Marriage


 
 
 
 The research deals with the authentication and study of the narration of the two ministers of the Messenger of Allaah –peace and blessing be upon him-, Abū Bakr Al-Ṣiddīq and ‘Umar bin Al-Khattāb –may Allah be pleased with both of them- on who has the right to have the child’s custody, this happened when ‘Umar bin Khattāb divorced his wife Umm ‘Aasim Al-Ansāriyyah, and he attempted to take his child away from her. Abu Bakr then ruled that the right of the child custody belongs to the mother. The research resolves the ways of narration of the hadith from the hadith perspective, and from the analytical perspective, it analyzed the opinions of the four conventional schools of jurisprudence on the issue of child custody. The research findings concluded that the narration could be strengthened with is total ways of narration, hence, becoming “Hassan li ghayrihi” (good due to others), also the hadith has been accepted by the jurists in general. It relies on the extant of application according to them, and that the mother is the most rightful to have child custody so far she has not remarried or left the place where the guardians of the child live, until the child (he/she) is grown up and capable of choosing for him/herself.
 
 
 

Post-separation Care Arrangements and Parents’ Life Satisfaction: Can the Quality of Co-parenting and Frequency of Interparental Conflict Explain the Relationship?

Although growing numbers of parents share the physical custody of their children after family dissolution, empirical studies on the mechanisms through which post-separation care arrangements may affect parental well-being remain scarce. To fill this lacuna, the present study not only investigated the relationship between post-separation care arrangements and the life satisfaction of resident parents, but also whether the quality of co-parenting and the frequency of interparental conflict—two stressors associated with family dissolution—could explain this relationship. Based on data from the Family Models in Germany (FAMOD) study, structural equation models were estimated for an analytical sample of 1104 resident parents practicing either sole physical custody (SPC) or joint physical custody (JPC). The findings showed that parents with JPC experienced, on average, more life satisfaction than their counterparts with SPC. However, after considering the quality of co-parenting and the frequency of interparental conflict, the study found that the direct relationship between post-separation care arrangements and life satisfaction was no longer significant. Instead, practicing JPC was significantly related to both better co-parenting and fewer interparental conflicts, while the latter two factors were positively related to life satisfaction. In sum, this study showed that framework conditions, specifically elements of the interparental relationship, are more important factors to consider when investigating parents’ post-separation well-being than the type of care arrangement practiced. However, the role of selection processes in explaining these associations remains uncertain, including the question of whether practicing JPC actually enhances the quality of the interparental relationship.

Problem of Divorce and Custody of Children in Manju Kapur's Custody

Problem of Divorce and Custody of Children in Manju Kapur's Custody

“The Native Court Way”

Abstract This article examines surviving native court records from 1905–1957 in Abeokuta, Southwest Nigeria, to argue that what constituted marriage, marital rights, and sexual access to wives was changing readily in this period of socioeconomic and political change. In this period, Britain established the native court system, stressing African and British judges, to apply rigid ideas of native law and customs concerning marriage. Men and women—husbands, wives, lovers, fathers, uncles, aunties, brothers, sisters, and in-laws—approached the native courts to negotiate conflict over marriage, divorce, seduction, adultery, and child custody. Rather than administering rigid legal judgements of what constituted legitimate marriage, judgements rendered by these courts provided maneuverability, specifically for women to negotiate and contest marital status and relations.

Trans Auto-Antonym Theory (The Masc–Femme Dialectic)

Despite its imperative to include all gendered positions under one umbrella, ‘trans’ is continually riven by intramural confrontation over the differences between its masculine and feminine iterations. Whether in political organizing, on social media or in the pages of academic trans theory, it sometimes seems like ‘trans’ is subject to an interminable and gendered custody battle. Dissatisfied with the terms of masc–femme antagonism, this essay uses the gendered interfaces of critique and autotheory to enmesh the work of Jules Gill-Peterson and Paul B. Preciado. Reading into the interdependence of Gill-Peterson’s and Preciado’s texts yields a different theory: trans as an auto-antonym, a word that produces opposite meanings depending on context. Treating trans as auto-antonymic conjures a relational and even erotic escape from the naturalization of gendered antagonism in trans theory, affirming the unexpected bridges, reversals or ‘sex changes’ of specifically trans writing.