Conducting Custody Evaluations Research Articles

Applying Bronfenbrenner’s Ecological Systems Model in Family Court

he work of Urie Bronfenbrenner is a key framework in Family Science, yet there are many areas where it has seldom been applied, including in the processes experienced by divorcing families in Family Court. Acknowledging the paucity of scholarship applying ecological systems theory to these topics, the paper offers instructive interpretations of personal practice experience in these roles. Described are two of several career roles in Family Court available to professionals trained in family science and how Bronfenbrenner’s ecological systems model of development is applicable in that work. Careers described are providing training and consultation for attorneys and judges and conducting custody evaluations. Bronfenbrenner’s model affords consistent and useful principles for both roles. The processes of separation and divorce are described as a series of ecological transitions that affect not only family structure, but the relationships that make up the family system, as well as family members’ participation in other ecosystems. Changes in relationships and ecosystems affect development by requiring individuals to adapt. Family Court itself is an ecosystem with roles, activities and macrosystem beliefs that are often stressful for family members and that may increase risks to family relationships and development. Discussion considers areas where Family Scientists can use Bronfenbrenner’s model to contribute to improved research and practice for divorcing families.

The Ecological Validity of Parent-Child Observations: A Review of Empirical Evidence Related to Custody Evaluations

The forensic specialty of custody evaluations has grown rapidly within the last decade. These evaluations are complex and require systemic assessment and analysis of multiple systems. In many jurisdictions, formal guidelines and best practice protocols for conducting custody evaluations have been developed. These protocols require the evaluator to observe the parent-child interaction either in a home visit or in the usual environment where parent-child visitation occurs. Observation of the parent-child interaction is believed to yield large amounts of data and relevant information. This article reviews the empirical evidence relevant to parent-child observations with the goal of increasing the ecological validity and scientific rigor of these observations. Recommendations for parent-child observation visits are made integrating theory, research, and practice.

Contemporary Issues in Family Law and Mental Healthby Michael G. Brock and Samuel Saks; Springfield, Illinois, Charles C Thomas Publisher, 2008, 141 pages, $32.95

Back to table of contents Previous article Next article Book ReviewFull AccessContemporary Issues in Family Law and Mental HealthPeter Ash M.D.Peter Ash M.D.Search for more papers by this authorPublished Online:13 Jan 2015https://doi.org/10.1176/ps.2009.60.4.560aAboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail Many of the contemporary issues this volume addresses center on sexual abuse allegations that are "confirmed" in treatment for suspected abuse. The authors, an attorney and a clinical social worker, write in a lively style, and they don't pull their punches. This is a book with a message: the authors insist that child sexual abuse allegations should be first investigated in a well-conducted forensic interview.In a series of chapters, the authors condemn the problems that arise in an all-too-common sequence that starts when a parent brings a child to treatment with a suspicion of abuse; this is followed by the therapist who begins treatment for "possible abuse" before determining whether abuse has actually occurred. The therapist hears only one side of the story, attempts to confirm abuse—often through multiple sessions and suggestive questioning—and then, when the child has "confirmed" the abuse, the therapist hands the case—already decided in what the authors aptly term "therapy court"—over to the judicial system. The final chapter addresses the question of whether such treatment should be considered malpractice. Although these problems are familiar to forensic experts who become involved in litigation in such cases, they are much less familiar to many therapists, who would be well advised to read this book before beginning treatment for possible but unsubstantiated abuse.Other chapters cover introductory material about the roles that mental health professionals play in family courts and issues related to conducting custody evaluations. The book grew out of a series of the authors' articles in the Detroit Legal News and reflects Michigan law. Michigan has been at the forefront of states in establishing clear legal procedures relevant to mental health litigation involving children, such as spelling out components of the best-interest tests and requiring state evaluators of child abuse to use an approved protocol; the authors rightfully applaud this standardization. There is considerable variation among the states, however, and the authors do not caution the reader that these standards and other practices in Michigan, such as Daubert rules or court-appointed expert witness immunity, do not apply in all jurisdictions. Dr. Ash is director, Psychiatry and Law Service, Emory University, Atlanta, Georgia. FiguresReferencesCited byDetailsCited ByNone Volume 60Issue 4 April, 2009Pages 560-560PSYCHIATRIC SERVICES April 2009 Volume 60 Number 4 Metrics PDF download History Published online 13 January 2015 Published in print 1 April 2009

The Art and Science of Child Custody Evaluations

Back to table of contents Previous article Next article Book ReviewFull AccessThe Art and Science of Child Custody EvaluationsJoseph C. McGill M.S.W.Joseph C. McGill M.S.W.Search for more papers by this authorPublished Online:1 Jul 2008https://doi.org/10.1176/ps.2008.59.7.814aAboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail In the preface of The Art and Science of Child Custody Evaluations, the authors note that the practice, scholarship, and research pertaining to child custody evaluations are in their adolescence. They note that the purpose of the volume is to define this adolescent stage and detail needed areas of growth and future development. In many regards, the authors succeed extremely well. The book is divided into four parts, comprising 14 chapters. Part 1 offers an introduction in which the relationship between law and psychology is described, and it clearly differentiates for the reader the significant differences between forensic and clinical evaluative activities. The authors serve as eloquent advocates that all such evaluations should be conducted as forensic activities. The authors review the standards for these activities, as promulgated by the American Psychological Association and the Association of Family and Conciliation Courts.Part 2 orients the reader to ethical issues and the methodology of conducting custody evaluations. It proceeds into a discussion of conducting forensically sound interviews of children. Part 3 addresses factors commonly assessed while conducting custody evaluations. These factors include child development, parenting, and family structure and dynamics. Part 4 addresses many of the factors or issues frequently found in families participating in these evaluations, including child sexual abuse, domestic violence, and child alienation. In this section, the authors provide the reader with a broad overview of social science research pertaining to these issues, and they offer an abundance of references and assessment measures the evaluator may find helpful. The authors conclude the book by encouraging evaluators to maintain high standards in record keeping, in appropriate use of assessment measures, and in the production of the report. Overall, the book is a thorough overview of the present developmental stage of child custody evaluations. However, like adolescence, it is in some sections thoughtful, well organized, and comprehensive and at other times confusing and disjointed. The authors demonstrate their comprehensive knowledge of the research associated with many of the issues and factors commonly evaluated. These sections are the better-organized and thoroughly detailed chapters. However, this reviewer found the first part of the book confusing, disjointed, and repetitive as the authors struggled to meet the needs of both novices and experienced custody evaluators. Nonetheless, The Art and Science of Child Custody Evaluations serves as a valuable resource to the skilled professional while offering a thorough overview to those considering entering the family forensic field. Mr. McGill is a clinical social worker with the Child and Family Forensic Center, University of Massachusetts Medical School, Worcester. FiguresReferencesCited byDetailsCited ByNone Volume 59Issue 7 July, 2008Pages 814-815PSYCHIATRIC SERVICES July 2008 Volume 59 Number 7 Metrics PDF download History Published online 1 July 2008 Published in print 1 July 2008

The Art and Science of Child Custody Evaluationsby Jonathan W. Gould and David A. Martindale; New York, Guilford Press, 2007, 450 pages, $40

Back to table of contents Previous article Next article Book ReviewFull AccessThe Art and Science of Child Custody EvaluationsJoseph C. McGill M.S.W.Joseph C. McGill M.S.W.Search for more papers by this authorPublished Online:1 Jul 2008https://doi.org/10.1176/ps.2008.59.7.814aAboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail In the preface of The Art and Science of Child Custody Evaluations, the authors note that the practice, scholarship, and research pertaining to child custody evaluations are in their adolescence. They note that the purpose of the volume is to define this adolescent stage and detail needed areas of growth and future development. In many regards, the authors succeed extremely well. The book is divided into four parts, comprising 14 chapters. Part 1 offers an introduction in which the relationship between law and psychology is described, and it clearly differentiates for the reader the significant differences between forensic and clinical evaluative activities. The authors serve as eloquent advocates that all such evaluations should be conducted as forensic activities. The authors review the standards for these activities, as promulgated by the American Psychological Association and the Association of Family and Conciliation Courts.Part 2 orients the reader to ethical issues and the methodology of conducting custody evaluations. It proceeds into a discussion of conducting forensically sound interviews of children. Part 3 addresses factors commonly assessed while conducting custody evaluations. These factors include child development, parenting, and family structure and dynamics. Part 4 addresses many of the factors or issues frequently found in families participating in these evaluations, including child sexual abuse, domestic violence, and child alienation. In this section, the authors provide the reader with a broad overview of social science research pertaining to these issues, and they offer an abundance of references and assessment measures the evaluator may find helpful. The authors conclude the book by encouraging evaluators to maintain high standards in record keeping, in appropriate use of assessment measures, and in the production of the report. Overall, the book is a thorough overview of the present developmental stage of child custody evaluations. However, like adolescence, it is in some sections thoughtful, well organized, and comprehensive and at other times confusing and disjointed. The authors demonstrate their comprehensive knowledge of the research associated with many of the issues and factors commonly evaluated. These sections are the better-organized and thoroughly detailed chapters. However, this reviewer found the first part of the book confusing, disjointed, and repetitive as the authors struggled to meet the needs of both novices and experienced custody evaluators. Nonetheless, The Art and Science of Child Custody Evaluations serves as a valuable resource to the skilled professional while offering a thorough overview to those considering entering the family forensic field. Mr. McGill is a clinical social worker with the Child and Family Forensic Center, University of Massachusetts Medical School, Worcester. FiguresReferencesCited byDetailsCited byNone Volume 59Issue 7 July, 2008Pages 814-815PSYCHIATRIC SERVICES July 2008 Volume 59 Number 7 Metrics PDF download History Published online 1 July 2008 Published in print 1 July 2008

Assessing allegations of domestic violence in child custody evaluations.

There has been an increased focus on child custody evaluations involving domestic violence allegations with much criticism of evaluators' training, practices, and procedures. A national survey of 115 child custody evaluators (doctoral and master's level) was conducted to explore these criticisms. Findings revealed adequate training, multiple sources of data collection, and practices/procedures that closely adhere to child custody guidelines. However, robust, specialized domestic violence instruments, tests, and questionnaires were underutilized. Respondents indicated that findings supporting domestic violence allegations had a substantial impact on their subsequent recommendations. Results are discussed in terms of the importance of assessing domestic violence when conducting custody evaluations and the need for developing practice standards in this domain. Generally, results did not support common criticisms of custody evaluation practice.

Child custody cases: A content analysis of evaluations in practice.

Guidelines for custody evaluations recommend multiple ways for assessing the parent-child relationship and outline appropriate means of assessing special issues such as domestic violence, child abuse, and substance use. However, little is known about the implementation of these guidelines in practice. This study examines 60% of custody evaluations in one circuit court over a 2-year period. Custody evaluations were examined for adherence to guidelines and for differences based on evaluator training. This analysis suggests much variety in techniques used and a lack of consistency between guidelines and clinical practice. The findings suggest a need for more standardized approaches to conducting custody evaluations as well as the assessment of domestic violence, child abuse, and substance abuse.

An Empirical Investigation of Psychologists' Custody Evaluation Procedures

The current study was designed to define the current standard of practice for custody evaluation among psychologists seen as highly “credible” by family law attorneys. The study consisted of three phases: (1) A survey of 20% of licensed psychologists in Virginia to determine how many conduct custody evaluations, (2) A survey of family law attorneys to obtain nominations for “credible” custody evaluators, and (3) A survey of the credible psychologists about their training, attitudes and standards and practices. Most of the psychologists, both from the broad 20% sampling and the “credible” sample reported self-teaching being the primary method of training. The surveyed psychologists generally showed agreement about the relevant variables to assess in a custody evaluation, which was consistent with the important variables in research on post-divorce child adjustment. Psychologists also showed generally high agreement in rating the importance of a series of variables used to consider recommending sole custody or joint custody. Most psychologists rely primarily on a clinical interview, or adapt measures of psychopathology to assess parenting and family functioning. Fewer use home observations or surprise visits to gather information about family functioning. These results suggest a need for better training of custody evaluators and better standardization of custody evaluations to ensure high quality assessments with minimal clinician bias.

Custody evaluations: a survey of mental health professionals

Mental health professionals who conduct custody evaluations (N=165, 61% return rate) were surveyed about their practices and attitudes. These experts were primarily licensed psychologists, most with degrees in clinical and counseling. Few had specific training in child custody or forensic evaluation, and although they averaged 8·1 evaluations over the last year, most devoted a modest portion of their practice to custody work. They generally regarded custody evaluations as valuable to the courts, but were critical of the adversarial approach to determining custody. Procedures and priorities have changed little over the past decade, with most experts relying heavily on interviews and observation. Cautions are given regarding overstepping ethical guidelines and using procedures that presently lack established validity. © 1998 John Wiley & Sons, Ltd. Language: en

CUSTODY EVALUATIONS

The procedures used to conduct custody evaluations and the purpose of such reports are currently under review by mental health and legal professionals. This article describes (a) the limitations inherent in clinical assessment and (b) characteristics of the adjudication process which necessarily limit the evaluator's thoroughness and the potential usefulness of evaluations. Given the primitive methods available for assessing families and predicting outcomes, the inability and unwillingness of the courts to process large amounts of clinical data, the conflicting motives surrounding evaluations, and the biases inherent in custody recommendations, the author argues for limited, well‐defined, and objectively supported assessment procedures and evaluation criteria.

Child Custody Evaluations: Criteria and Clinical Implications

The present study examined mental health practitioners' views of the relative importance of various criteria in determining child custody in a divorce. A second focus was the possibility of differences between professionals regularly conducting custody evaluations and their inexperienced colleagues. A broad survey of both psychologists and social workers showed considerable agreement between the two professions in emphasizing relationships among the members of the family and the richness of the social environment in the prospective custodial home. Experienced and inexperienced professionals agreed on this basic approach to custody decisions. The clinicians' opinions are discussed in the context of results from the empirical literature that have demonstrated a relationship between specific variables and children's postdivorce adjustment.