Custody Arrangements Research Articles

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.

COMMENTARY ON WARSHAK'S “BLANKET RESTRICTIONS: OVERNIGHT CONTACT BETWEEN PARENTS AND YOUNG CHILDREN”

In a previous issue of this journal, Richard A. Warshak provided a summary of the developmental literature as it bears on overnight restrictions during custody arrangements. Here, the authors comment on points of agreement and disagreement with Warshak based on their reading of the theoretical and empirical literature on development. Particular reference is made to Warshak's interpretation of attachment theory and research. Points of agreement include the importance of fathers and all caregivers in the infant/young child's life as well as the overstatement in the literature of the significance of separation experiences and a “sensitive period” for attachment. Points of clear disagreement include what the author contends is an erroneous review of the empirical literature on overnights with other caregivers. Based on their review of the data on overnight visitation, the authors conclude on a more cautious note.

Denied Visitation, Its Impact on Children's Psychological Adjustment, and a Nationwide Review of State Code

Denied visitation occurs when one parent prevents the other parent from court mandated visitation allowances with the child. This complex issue affects many families of divorce, but unfortunately is an understudied topic. Additionally, the literature that is available on denied visitation suffers from methodological challenges that are inherent to the complexity of the subject. Denied visitation is not a homogeneous event, but one that is conceptualized into two major categories: appropriate (i.e., concerning safety of the child) and inappropriate (i.e., involving interparent hostility). These two types of denied visitation are further divided into subcategories based on a review of the literature. A discussion of each is offered as well as recommendations for handling each type of situation. The implications of denied visitation on children's well-being are considered. A review of the statutes from all fifty states concerning interference and changes in custody arrangements is presented. Alternatives for managing the situation are offered.

Becoming Custodial Dads: Exploring Parenting Among Low‐Income and Working‐Class African American Fathers

The authors use an ecological framework and grounded theoretical analysis to explore the circumstances in which working‐class and low‐income custodial African American fathers gain custody of their children, their transition from part‐time to full‐time parents, and the role of support networks in enhancing or inhibiting these men's parenting. Twenty‐four men from an impoverished Midwestern urban area participated in the study. The findings suggest that these men, and perhaps others sharing their demographic profiles, generally become parents by default and are often reluctant to take on a full‐time, single parenting role. Adaptation to the role seems to be enhanced by these men's use of extended kin support networks and shared living arrangements. However, low wages, a lack of sufficient assistance from public assistance programs, and informal custody arrangements often inhibit their fathering.

Who’s minding the kids? An economic comparison of sole and joint custody

We examine the allocation of spending by divorced parents on both private goods and goods which they share with their child. Sole and joint custody arrangements differ in the pattern of shared goods. Parents play a non-cooperative game. We compute and compare the outcomes under sole and joint custody, and examine the effects of income redistribution.

Father Postdivorce Well-Being: An Exploratory Model

The purpose of this study was to test a theoretical model of the psychological well-being of fathers following divorce. The theory postulated that father postdivorce well-being was related to father role clarity, role satisfaction, age, income, education level, custody arrangement, encouragement from others, time since divorce, and involvement in an intimate relationship following divorce. Participants were 94 fathers from a midwestern city who completed self-administered questionnaires. Data were assessed using path analytic techniques. Involvement in an intimate relationship was found to have the greatest influence on father postdivorce well-being. Role satisfaction had direct effects on father postdivorce well-being and was important as a mediating variable for 4 constructs within the model. The findings suggest that father well-being following divorce is a complex phenomenon, influenced by all of the model variables except income, education level, and time since divorce. Implications for preventive intervention strategies, based on risk factors identified in this study, and suggestions for further research are discussed.

Court-Related Predictors of Parental Cooperation and Conflict After Divorce

A sample of 237 divorced parents were surveyed to test a model predicting parental cooperation and conflict. The predictor variables included participation in a divorce education program, participation in divorce mediation, child custody arrangement (sole versus joint legal), and means of terminating the marital relationship (dissolution versus divorce). Socioeconomic status and gender were statistically controlled in this study. Ordinary least square regression revealed that participation in a divorce education program was negatively related to conflict with one's former spouse, whereas mediation was positively related to parental conflict after divorce. Joint custody was positively related to parental cooperation and conflict was negatively related to parental cooperation after divorce.

Law and psychiatry: Liability for forensic evaluations: a word of caution.

undergo a psychiatric evaluation by an expert, Dr. Miller, who had been retained by the insurer. After performing the examination that was ordered by the court, Dr. Miller drafted a report for the insurer and later testified in a videotaped deposition prepared for use at trial. Before the trial could be held, Ms. Dalton and the insurance company reached a settlement, and Dr. Miller’s testimony was never heard. However, Ms. Dalton then filed another suit, this time against Dr. Miller, alleging irregularities in his conduct of the psychiatric examination and discrepancies between his written report for the insurance company and the testimony he provided in his deposition. Among her many claims, Ms. Dalton alleged misrepresentation and deceit, invasion of privacy, intentional infliction of emotional distress, abuse of process, and civil conspiracy, all of which allegedly compromised her legal case and caused her significant distress. The trial court that was assigned to hear these claims granted Dr. Miller’s motion to dismiss the case on the grounds that he was entitled to “quasi-judicial immunity” for his actions in connection with the psychiatric evaluation. Quasi-judicial immunity derives from the common law, which, as the U.S. Supreme Court noted, “provided absolute immunity from subsequent damages liability for all persons—governmental or otherwise—

Characterizing pregnant drug-dependent women in treatment and their children.

Alcohol and other drug use during pregnancy represents a major public health concern. This article characterizes a sample of 240 pregnant opioid- or cocaine-dependent women enrolled in the initial residential component of a comprehensive substance abuse treatment program for pregnant women. Data were collected using the Addiction Severity Index, Psychosocial History Form, and Structured Clinical Interview for DSM-III-R. Patients' substance use history, psychiatric comorbidity, social support network, employability, current and previous pregnancies, child custody arrangements, and the father of the current pregnancy, are described to assist providers in tailoring treatment to the specific needs of this population.

'I Only Want Trust': Norms, Trust and Autonomy

'I Only Want Trust': Norms, Trust and Autonomy

The Effect of Child-Support Policies on Visitations and Transfers

Recent research on child support issues has been concerned with normative problems involvingthe distribution of welfare between divorced parents and their children as well as with the assess-ment of the behavioral responses of parents to child support orders and custody arrangements( see, e.g., Del Boca and Flinn (1995), GarÞnkel and Klawitter (1990), Bartfeldt and GarÞnkel(1996), Del Boca (1996), Del Boca and Ribero (1998), and Flinn (2000)). While there is bynow an extensive literature analyzing the effects of child support policies on monetary transfersof noncustodial parents and the extent of compliance with child support orders, little researchhas been done on the relationship between monetary transfers between parents and the divisionof the child™s time. While income transfers to the custodial parent are no doubt importantfor the child™s consumption and general well-being, there exists considerable empirical evidencesuggesting that the division of the child™s time between the parents has important e ffects on thechild™s welfare ( Beller and Graham (1993)).There have been few analyses of this relationship.Weiss and Willis (1985) provide one theoretical motivation for the positive relationship betweenthe noncustodial parent™s contact time with the child and their level of transfers. They claimthat increased contact time allows better monitoring of the custodial parent™s expenditures onthe child, which induces higher levels of transfers to the custodial parent.We have developed a model (Del Boca and Ribero ( 1999)) in which visitations and childsupport are the outcomes of a negotiation process whereby the father exchanges income forvisitation time. Institutional agents, such as judges, state legislatures, etc, can impact thewelfareofthemembersofthenonintactfamilybyalteringtheendowmentsofeachofthe1

EARLY INTERVENTION MEDIATION

Early Intervention Mediation was a fifteen‐month research project conducted at the Court of Domestic Relations of Hamilton County, Ohio. The project's intent was to test the efficacy of the early introduction of mediation to resolve parenting issues. The project involved ordering half of all divorcing parents, who were unable to agree on custody arrangements for their children, to attend mediation within six weeks after filing for divorce. The other half of divorcing parents were a control group who followed existing court procedures. At the conclusion of the project, results were compared between the two groups. In 61% of divorce cases ordered to mediation, parenting issues were fully resolved. Families were spared damaging and costly litigation, and the court reduced judicial hours.

Legal and Social Ties Between Children and Cohabiting Fathers

The article examines whether legal ties between the members in the nuclear family affect the father-child relationship after domestic breakup. Data were taken from a sample of 419 younger Danish children from previous marital unions, and consensual unions with either sole or joint legal custody before family dissolution. The study found no evidence that civil status as a single factor could explain possible differences in the post-separation organization of parenting, but a sole legal custody arrangement from the child's birth may disfavour cohabiting fathers as future residential parents. The results further suggested that father's potential as breadwinner together with his involvement in preseparation childcare care constitutive elements of modern fatherhood.

The effects of joint legal custody on mothers, fathers, and children controlling for factors that predispose a sole maternal versus joint legal award.

Findings from comparisons of joint and sole custody families that do not control for predivorce differences in demographic and family process variables (factors that may predispose families to choose or be awarded joint custody) are of limited generalizability, since obtained group differences may be attributable to predisposing (self-selection) factors, custody, or both. This study compared a random sample of 254 recently separated, not-yet-divorced families on 71 predivorce variables that might plausibly differentiate between families awarded joint legal versus sole maternal custody. Twenty such factors were identified and controlled for in subsequent comparisons of 52 sole maternal and 26 joint legal custody families 2 years postdivorce. Families with joint custody had more frequent father-child visitation, lower maternal satisfaction with custody arrangements, more rapid maternal repartnering, and fewer child adjustment problems (net of predivorce selection factors). Moreover, these effects did not appear to be moderated by level of predecree parental conflict. No association between custody and fathers' compliance with child support orders was obtained.

DIVORCING FAMILIES WITH YOUNG CHILDREN IN THE COURT'S FAMILY SERVICES UNIT Profiles and Impact of Services

Little is known about the families being served by court support services, or the effectiveness of the services provided. This study investigates 137 higher conflict, divorcing families with young children, who received services from the Family Services division. The study utilizes questionnaire data filled out by family services clinicians. The families presented with multiple mental health needs, including allegations of substance use and physical, emotional and sexual abuses of spouses and, to a lesser extent, children. Results detailed evaluation outcomes pertaining to joint legal and physical custody, showing an increase in joint legal custody, with little difference in physical custody arrangements. Evaluators did encourage less parental dropout. The data also profiled parents least likely to attend mandatory parenting education, accept evaluators' recommendations, and settle their case with mediation assistance. Identifying these families early can help family services clinicians track families into individualized service plans as needed.

Mother vs. Father Custody Effects for Taiwanese Preschoolers

This study examined the effects of divorce and custody arrangements on preschool children's emotional adjustment and gender role development two years post divorce. The sample consisted of 90 children: 30 in father custody matched with 30 in mother custody and 30 in two‐parent families. Teachers, blind to study purposes and well acquainted with the children, rated the children on the Preschool Behavior Questionnaire [PBQ] which rates degree of maladjustment. Each child had an individual Gender Constancy Interview [GCI] and each parent provided demographic and family information. No differences in level of maladjustment were found for children of divorced vs. two parent families. Regardless of family status, boys were rated as significantly more aggressive than girls. Regardless of custody arrangement, boys in divorced families were rated higher than girls as hostile‐aggressive and hyperactive‐distractible. Children with same sex custodial parent were rated as better adjusted emotionally than children in custody with the opposite sex parent. Older preschool boys in mother custody had more advanced gender role development than children in other custody arrangements. Father custody families in Taiwan received more income and more grandparent childrearing support than single mothers. Single mothers expressed more childrearing worry than single fathers.

Associations Between Custody Arrangements and Parent-Child Involvement Following Divorce

The present investigation examined the impact of custody arrangements on levels of parent-child involvement following divorce drawing upon data from the National Survey of Families and Households. Analyses using 186 custodial mothers and 31 custodial fathers indicated that differences in the number of days of custody that parents were awarded were not related to levels of parent-child involvement. In addition, both mothers and fathers were found to be equally involved with their sons and daughters following divorce. Possible explanations for these findings as well as policy and clinical implications are discussed.

Child Support Obligations

The attitudes of 160 men and 264 women randomly selected from five nonurban midwestern communities were examined to (a) determine how much child support a nonresidential father is perceived to be obligated to pay; (b) assess how perceived obligations vary by gender of participant, legal custody arrangement, changes in parents' marital status, and father's financial status; and (c) explore the rationale used in making judgments about child support obligations. A vignette technique was used. Most participants (78%) indicated a child support amount that was less than state guidelines. Participants thought child support amounts should be reduced when mothers remarried and when fathers' financial status changed. Perceptions of child support obligations held by men and women did not differ, and custody arrangements were not related to attitudes about child support. Qualitative analyses of rationale underlying attitudes suggested that notions of fairness guided respondents' reasoning.

Understanding Abusive Families: An Ecological Approach to Theory and Practice • Violence and Sexual Abuse at Home: Current Issues in Spousal Battering and Child Maltreatment • Women Survivors of Childhood Sexual Abuse: Healing Through Group Work: Beyond Survival

Understanding Abusive Families: An Ecological Approach to Theory and Practice • Violence and Sexual Abuse at Home: Current Issues in Spousal Battering and Child Maltreatment • Women Survivors of Childhood Sexual Abuse: Healing Through Group Work: Beyond Survival

CUSTODY FOR CHILDREN AGE 5 AND YOUNGER

The empirical literature concerning the developmental consequences of postdivorce custody arrangements for children age 5 and younger is summarized with a focus on implications for practitioners and researchers. A developmental‐ecological model is used to organize the review. Key variables include socioeconomic resources, mother‐child relationship, father‐child relationship, mothers' and fathers' adjustment, cooperation and conflict within the parental alliance, the extended family network, and the day care environment.