Custody Arrangements Research Articles

Spotlighting the Neglect of Balinese Women's and Children's Rights in Custody Court Decisions

The Balinese society adheres to a patrilineal kinship system in which men are considered the successors of the lineage. This system often serves as the rationale for awarding child custody to fathers in divorce cases, frequently disregarding the rights of the mother and the best interests of the child. This study examines the implications of the patrilineal kinship system on divorce proceedings, the criteria used by judges in child custody decisions among the Balinese, and the potential for reconstructing child custody arrangements to prioritize the child's best interests. It is a legal research that examines the normative issues regarding child custody in a patrilineal society with a gender perspective. This paper suggests that decisions regarding child custody should refer to the child's best interests principle and gender responsiveness. In the event of a divorce, a wife is typically returned to her parents by her husband's extended family, a process known as “mulih deha”, which effectively reverts her to the status of a girl, implying she has no children and does not retain any marital property. Societal culture holds that a child is considered secure in the father's household, even if the paternal grandparents provide care. This entrenched belief system discourages Balinese women from pursuing child custody. A co-parenting model, allowing both parents to remain actively involved, can help reconstruct child custody arrangements to serve the child's best interests better.

Factors Associated with the Joint Physical Custody of European Children

Understanding patterns of children’s living arrangements (physical custody) in separated families and the factors related to joint physical custody are crucial as custody patterns have significant implications for the well-being of children and parents. In this study we use the 2021 European Union Statistics on Income and Living Conditions Survey (EU-SILC) to provide new evidence of children’s post-separation living arrangements in Europe. Our sample (n = 7,461) is restricted to children of separated or divorced parents residing in their mother’s household and having another parent residing outside of the household. We analyze both the individual-level socioeconomic, family-and child-related characteristics, and country-level variables to explain variation in children’s joint physical custody arrangements. We find that joint physical custody is higher among boys and children in the age groups 6–10 and 11–15. We also find that children with more socioeconomically advantaged mothers (higher education, employed, higher income, homeowners) are more likely to have joint physical custody. Importantly, controlling for individual-level characteristics, both the legal and the gender equality context shape the prevalence of joint physical custody, suggesting that country-level policies and norms may be important.

The quality of the stepfather–child relationship in sole and joint physical custody

AbstractObjectiveThis study examines whether the quality of the stepfather–child relationship differs among sole physical custody (SPC) and joint physical custody (JPC) families and compares the association between the father–child and the stepfather–child relationship across the two physical custody arrangements.BackgroundAn increasing number of families opt for JPC after separation or divorce. Because children in JPC families spend more time with their biological father than children in mother SPC families, the question arises whether JPC affects the quality of the stepfather–child relationship.MethodWe investigated 279 SPC and 182 JPC stepfather families with children aged 1 to 14 from the Family Models in Germany study. Ordinary least squares regression models and interaction effects were estimated.ResultsThe quality of the stepfather–child relationship was generally high in both SPC and JPC families and did not differ between the two arrangements. The father–child relationship was positively, albeit weakly, associated with the stepfather–child relationship in both arrangements, indicating spillover effects.ConclusionJPC does not affect the quality of the stepfather–child relationship.ImplicationsThis study does not provide any evidence that JPC is an ill‐suited physical custody arrangement when considering the quality of relationships in stepfamilies.

Making sense out of uncertainty: cognitive strategies in the child custody decision-making process.

Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/ resolution) and metacognitive strategies (custodial arrangements, professional practices and 'best interests of the child' speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child's best interests.

Emotional Suffering of Parents in Judicial Proceedings for Variation of Custody Arrangements

The emotional distress of parents during court proceedings to change custody is crucial in forensic psychology.

The effects of resolution method of child custody and support plans on parental well‐being during the divorce process: Implications from and for divorce education

AbstractThe majority of research on the impact of divorce on parents, children, and families focuses on what occurs after the divorce has been finalized. However, data derived from divorce education programs present opportunities for research on the experience of parents during the divorce process. Guided by the divorce‐stress‐adjustment model, this study sought to understand how the divorce process impacts parental well‐being by examining some of the most pressing child‐related concerns divorcing parents have while going through a divorce. Specifically, we looked at how the approach parents took to resolve child‐related issues (i.e., internally, through outside intervention, or unresolved) was related to the perceived fairness of child custody arrangements, parental concerns regarding how divorce impacts children, financial concerns, and their overall well‐being. Perceived fairness of the child custody arrangement, concerns regarding how divorce impacts children, and financial concerns were associated with parental well‐being, and also served as an indirect path through which approaches to resolve child‐related issues impacted parental well‐being. Understanding what parents think and feel during the divorce process, and how those thoughts and feelings are related to the actual steps to getting a divorce, could help inform divorce education typically administered as part of divorce proceedings.

Law, Blood, and Custody: Sexual Minority Mothers and Heteronormativity

ABSTRACT This article analyzes how couples made up of two mothers redefine their roles when they break up as well as how legal professionals frame the custodial arrangements of these former same-sex couples. To do so, we focus on the case of Quebec, Canada, where parentage equality between mothers was attained as early as in 2002. We rely on individual semi-structured interviews with mothers’ (N = 17) and legal professionals’ accounts (N = 23) as well as on court records regarding physical custody arrangements. We find that the legal recognition of both mothers favors coparenting practices, and especially joint physical custody. However, the heteronormative frame of custody arrangements lingers. Sexual minority mothers struggle with the valorization of birth motherhood and with the standard of gendered parental complementarity. Indeed, professionals can still fall back on heteronormative norms, notably by assigning to non-birth mothers a “paternal” role. In the end, the inexperience of many professionals on LGBTQ+ issues, the embeddedness of heteronormativity in day-to-day relations, as well as the permanence of heteronormative legal categories and professional practices are all factors that set these families apart.

Child-centred approach to shared parenting: Children’s experiences of bird’s nest parenting arrangements

While shared parenting is considered the best model for meeting children’s needs, we still lack knowledge about the impact of different custody arrangements on child well-being, including potential effects on children’s health and stability of a lifestyle that involves travelling between households. Employing an interpretive phenomenological research design and the ‘responsibility to needs’ approach, this study explored children’s experiences in a bird’s nest parenting (hereafter, nesting) arrangement, where children reside permanently in one home with both parents rotating. A 2022 qualitative study involved semi-structured interviews with seven children from four nesting families. The findings revealed how nesting eases the transition to separated family life by preserving the lifestyle to which children are accustomed. Children emphasised both the emotional and practical benefits of nesting, linking physical stability to emotional well-being. Nesting made children feel independent and autonomous as they enjoyed managing their time according to their own needs. The opportunity to grow up as a family with siblings at a permanent home was greatly valued. While a positive relationship between parents was considered helpful, the findings indicate that nesting can be feasible even in cases of parental tension. The children’s experiences indicated that their parents’ overall satisfaction with the arrangement was more crucial to successful nesting.

Manoeuvring Among Institutions and Pandemic Restrictions: When the Fantasy of Parenting After Divorce or Breakup and the Respective Emotions Matter

ABSTRACTUnderstanding social factors that affected how people interpreted the meanings of COVID‐19 measures is important in postpandemic times. This study applies perspectives from research on emotions as one of the possible explanations and focuses on how institutions and their measures are perceived in the context of individual emotional situations. The aim of the study is to understand how parents with joint or shared custody arrangements in Czechia understood COVID‐19–related state interventions and how they dealt with those interventions in their lives. Analysing 16 interviews with these parents, who are considered a potentially vulnerable group, and their interplay with pandemic public policy, the paper suggests the importance of parenting fantasy. The term ‘fantasy’ builds on Illouz's scholarship and reflects individual sense‐making (ideas or practices) based on close and intense personal relationships related to parenting. This paper claims that the existence of this fantasy (in the form of a fulfilled parenting fantasy) or its non‐existence (in the form of a disruption of parenting, called a negative relationship by Illouz) codetermined how these parents dealt with the pandemic measures—whether (and how strongly) they conformed to them or whether they perceived (or used) them as a threat.

Dynamika vyjednávání o uspořádání péče o děti po rozchodu či rozvodu rodičů

Based on data from a questionnaire survey and in-depth qualitative interviews with parents who have separated, the text describes the dynamics of the negotiations relating to physical custody of a child. When negotiating a custody arrangement, parents develop their strategies in relation to the prevailing model in Czech society of granting mothers sole custody. Most women prefer to maintain this arrangement, while fathers more often seek to move towards an equal division of care. When fathers are granted sole custody it is not usually on the basis of a consensual agreement being reached between parents. Custody arrangements enforced without parental consent are potentially conflictual and unstable.

The Legal Practices and Challenges of Parental Authority, Custody, and Child Welfare Protection in Divorce Cases Under German Family Law

This paper examines the intricacies and challenges inherent in the German legal system’s approach to parental authority, custody, and child welfare within the context of divorce proceedings. Grounded in the principles of the Bürgerliches Gesetzbuch (BGB), the review explores the commendable commitment of German family law to the welfare and best interests of children during the tumultuous process of divorce. Through a critical lens, it delves into the dynamic interplay between joint and sole custody arrangements, the pivotal role of children’s voices in judicial decisions, and the enforcement of custody and visitation rights. Additionally, the paper scrutinizes the complex landscape of international custody disputes, emphasizing the necessity for nuanced interpretation and application of the Hague Convention on the Civil Aspects of International Child Abduction. Comparative analysis with international norms, particularly the UN Convention on the Rights of the Child, unveils areas of alignment and divergence, spotlighting opportunities for enhancing cross-border cooperation and ensuring a child-centered approach in custody disputes. Proposals for reform are articulated, advocating for structured mechanisms to integrate children’s perspectives, standardized assessments of the child’s best interest, and strategies for the effective enforcement of custody orders. Emphasizing the importance of domestic reforms and international collaboration, the review argues for ongoing evaluation and adaptation of legal practices to better protect children’s interests amid evolving family dynamics and global challenges.

Antenatal Psychiatric Hospitalization: Factors Associated With Newborns' Custody Under Child Protective Services (CPS)

BackgroundPsychiatric illness during pregnancy is associated with adverse obstetric outcomes, but investigations for its impact on parenting capacity are limited. Child Protective Services (CPS) contact disproportionately impacts families marginalized by poverty, mental health disorders, and substance use disorders. Recently, there have been investigations into the significance of psychiatric illness and non-mental health-related factors that predict CPS custody arrangements. MethodsWe conducted a retrospective review of electronic medical records over a 10-year period (2012-2021) for patients who were pregnant during their inpatient psychiatric hospitalizations. We followed 81 patients (18 to 43 years) who delivered within the hospital. The study endpoint was whether the newborn was placed under CPS custody. For the purposes of this study, psychiatric illness was categorized by the presence or absence of psychotic symptoms. We utilized logistic regressions to investigate the associations of these demographic and clinical factors with the study outcome of CPS custody. ResultsFor the entire study population, 64.2% of newborns had CPS custody arrangements. In multivariate analysis, after adjusting for potential confounders, patients with psychotic symptoms were at increased odds of having CPS custody arrangements (odds ratio [OR]= 8.43; 95% confidence interval [95% CI] 2.16-32.85) compared with patients without psychotic symptoms. Furthermore, multivariate analyses revealed that patients with a history of homelessness also had a higher risk (OR = 6.59; 95% CI: 1.24-35.13) of CPS custody arrangements for their newborns than those without a history of homelessness. DiscussionThe results of this study suggest that among pregnant and psychiatrically hospitalized patients, those with psychotic symptoms are significantly more likely to have CPS custody arrangements compared to those without psychotic symptoms. However, it is important to note that psychotic symptoms were not definitive for the inability to parent appropriately. In fact, nearly 25% of the study population who had psychotic symptoms were able to successfully transition home with their newborns as mothers. This emphasizes the importance of optimizing the management of psychotic symptoms, particularly among those who have children or plan to have children. The findings of this study also highlight the chronic impacts that those who have struggled with homelessness may experience, including parenting capacity after homelessness resolves.

Shared Care and Mothers’ Post-separation Economic Wellbeing in Finland and Wisconsin, US: Does Child Support and Sharing Child’s Costs Matter?

AbstractChildren’s post-separation living arrangements may have important implications for mothers’ economic wellbeing. This study examines self-reported economic wellbeing of mothers with shared versus sole physical custody (also known as shared care) of the child six or more years since separation, using unique survey data on separated parents in Finland (n = 850) and Wisconsin, US (n = 395) in 2019–2020. We use sequential logistic regression models to examine the pathways through which this association potentially occurs—child support and sharing of children’s expenses between parents—and whether the outcomes differ by the family policy contexts of Finland and Wisconsin. Our findings suggest that Wisconsin mothers in shared versus sole physical custody arrangements have significantly lower levels of economic hardship, that are fully explained by greater cost-sharing with the other parent of the child. No such relationship is evident in Finland, although cost-sharing is independently negatively associated with economic hardship of Finnish mothers. Findings highlight how fathers’ contributions as tied to children’s living arrangements matter for post-separation economic wellbeing of mothers, and have implications for shared physical custody and child support policy.

Strategies for Safeguarding Children from Abuse and Maltreatment in Dysfunctional Families. An Analysis Study of Traditional Authority Chimwala, Mangochi District.

This study analyses strategies to safeguard children from abuse and maltreatment in dysfunctional homes, with a focus on identifying key risk factors, assessing the effectiveness of various interventions, and examining the role of legal and policy frameworks. Through quantitative approach, the study reveals that children in dysfunctional families are at significant risk due to unstable environments, parental mismanagement of anger, and inconsistent care. Specifically, children experience frequent changes in living situations, leading to insecurity and anxiety. In 55% of cases, parental anger is misdirected at children, resulting in fear and behavioural issues. Psychological abuse, including constant criticism and emotional manipulation, severely impacts children’s mental health, while inconsistent care due to financial difficulties, mental health issues, and single parenting affects 30% of children. Additionally, frequent arguments or aggression in 25% of these homes create a tense atmosphere detrimental to children’s emotional development. Furthermore, 35% of parents exhibit abusive behaviors under extreme stress, causing profound psychological trauma. The study assesses the effectiveness of various intervention programs. The top 30% of programs achieve the highest effectiveness, significantly reducing abuse rates through well-funded, rigorously evaluated approaches. Legal and policy frameworks play a crucial role in protecting children, prioritizing their best interests through appropriate custody arrangements and mandatory reporting of abuse. Continuous oversight and collaboration between legal and social services are essential. The study concludes with recommendations to enhance program design, strengthen legal frameworks, address parental stress, and promote public awareness. Further research is suggested to explore long-term impacts and effectiveness of interventions in various contexts.

Who Gets the Kid? Female Empowerment and Child Custody in Taiwan

Women’s status in Taiwan has improved substantially due to rapid social and legal changes, yet how female empowerment affects child custody outcomes has been studied little. This study analyzes the entirety of divorce registration records in 2002–2004 and 2018–2020 to reveal the evolution of custodial arrangements in Taiwan. It pays particular attention to how mother’s changing traits and spousal pairings in age and education affect the probability of different child custody outcomes. The findings show that maternal age and education matter in both absolute and relative terms. Higher maternal age and education are associated with more mother-sole and joint custody decisions. Women in age and educational hypogamy secure mother-sole custody more often than their nonhypogamous peers. Furthermore, with improved women’s status at the society level, all women and particularly those in nontraditional unions now have become less likely to face a complete loss of child custody upon divorce than before.

From Maternal Preference to Shared Parenting: Child’s Well-Being. Lessons from the USA

The article concerns parenting after divorce or separation within the context of social changes. Special attention is paid to the principle of the welfare of the child, which is the most important criterion for deciding child custody. The child’s welfare is an open concept that grants a wide discretion to courts in choosing the best custodial arrangement for a child in a particular case. In this context, reference was made to the American experience on parenting after family break-up, separation or divorce. In the USA different theories were developed to explain which parenting model best fulfils the principle of the child’s welfare. This article discusses the tender years doctrine, primary care-taker preference, psychological parent doctrine and approximation rule. After a divorce, a mother was usually granted custody and a father paid child-support. He was placed in the background and excluded from the daily activities of his child. Currently, the theory of mother-nurturer and father-breadwinner is coming to an end; the father is no longer the only breadwinner responsible for providing the family an adequate standard for living, and the mother is no longer primarily responsible for the duties of childrearing and household chores. The changes taking place are reflected in struggling for equal treatment in the award of custody and abandoning the stereotypical approaches based on awarding custody automatically to mothers. A significant rise in the number of parents entering into joint custody arrangements is observed.

Parent-child Discrepancies in Reporting Children’s Mental Health: Do Physical Custody Arrangements in Post-separation Families Matter?

Most analyses of children’s well-being in separated families are based on reports provided by parents. Thus, the question arises whether discrepancies between parents’ proxy reports and children’s self-reports exist and whether they impact explanatory models of children’s well-being. Since a family’s physical custody arrangement could systematically affect parents’ ratings of their children’s mental health, and this association has not been examined before, this study investigates parent-child discrepancies in reporting children’s mental health problems in separated families with different physical custody arrangements. Drawing on data from the German Family Panel (pairfam), multinomial logistic regression and multilevel mixed-effects models were estimated for 786 parent-child dyads nested in 622 families with children between the ages of 9 and 17. To measure children’s mental health, we used two subscales (emotional and conduct problems) of the Strengths and Difficulties Questionnaire (SDQ). The findings suggested that the relationship between physical custody arrangements and children’s mental health differs depending on whether the children’s or the parents’ data are used. Physical custody arrangements and informant discrepancies were not associated. Parents’ mental health and the quality of parent-child relationships appear more relevant in understanding informant discrepancies than physical custody arrangements.

At mum’s place, at dad’s place, at home. How children do family in joint physical custody arrangements

At mum’s place, at dad’s place, at home. How children do family in joint physical custody arrangements

Between the law and itself: An examination of the best interests of the child standard in the New York city family court

AbstractThis article describes a pilot research study done by the author which focused on the judicial implementation of the “best interests of the child” standard, also known as Article 5, Section 70 of the New York State Domestic Relations Law. This is the statutory principle that guides determinations of child custody in the USA. The ambiguous nature of this law grants judges significant discretion when determining the custodial arrangements for children, as it does not explicitly define what constitutes the best interests of a child. The lack of consensus surrounding this law results in marked inconsistencies in its application. In the absence of external guidance, the author presumed that judges rely heavily on their individual knowledge and conceptualization of childhood when making custody decisions, especially those regarding facts relayed by or about children. Through in‐depth interviews conducted with seven judges from the City of New York, this study sheds light on this complex and essential issue. By incorporating insights from sociological theories of law and childhood, this study provides further insight into how judges arrive at their rulings and can be used to assist in improving the lives of families who must interact with the legal system.

The Development of Children Endangered by Their Own Biological Parents within the Context of Joint Custody Arrangement after Divorce

Specifics of the post-divorce adjustment of so-called “joint custody” and its benefits and disadvantages that is subject to a several years-long discussions in the whole Czech society. Joint custody can take on many forms, such as true co-ordinance of mentally mature parents who are able to cooperate in the child’s interest. However, when and how can this form of organisation become suitable for the child? In some cases, perhaps even more so at certain ages, can this form be unsuitable or even threatening to the child? This article will present several specific cases that originate from qualitative research practise based on the author’s long-term psychological practice in this area.