Child Custody Research Articles

Perinatal mental health and pregnancy-associated mortality: opportunities for change.

Perinatal mental health conditions have been associated with adverse pregnancy outcomes, including maternal death. This quality improvement project analyzed pregnancy-associated death among veterans with mental health conditions in order to identify opportunities to improve healthcare and reduce maternal deaths. Pregnancy-associated deaths among veterans using Veterans Health Administration (VHA) maternity care benefits between fiscal year 2011 and 2020 were identified from national VHA databases. Deaths among individuals with active mental health conditions underwent individual chart review using a standardized abstraction template adapted from the Centers for Disease Control and Prevention (CDC). Thirty-two pregnancy-associated deaths were identified among 39,720 paid deliveries with 81% (n = 26) occurring among individuals with an active perinatal mental health condition. In the perinatal mental health cohort, most deaths (n = 16, 62%) occurred in the late postpartum period and 42% (n = 11) were due to suicide, homicide, or overdose. Opportunities to improve care included addressing (1) racial disparities, (2) mental health effects of perinatal loss, (3) late postpartum vulnerability, (4) lack of psychotropic medication continuity, (5) mental health conditions in intimate partners, (6) child custody loss, (7) lack of patient education or stigmatizing patient education, and (8) missed opportunities for addressing reproductive health concerns in mental health contexts. Pregnancy-associated deaths related to active perinatal mental health conditions can be reduced. Mental healthcare clinicians, clinical teams, and healthcare systems have opportunities to improve care for individuals with perinatal mental health conditions.

The fragility of grace in a law focused land: reflections on ministry with young offenders

ABSTRACT This article explores the nature of faith in a youth custody setting. Having outlined the context in which the research is based, I suggest that an instructional approach to Christian education – built upon a belief in a human predisposition to evil, an individualised soteriology, ecclesiocentric missiology and propensity for biblical literalism – is both familiar and attractive to children in custody. I then argue that such an approach can be both psychologically and spiritually damaging and that alternative pedagogical principles and praxis should be sought and embraced.

The impact of the COVID-19 pandemic for children in custody: An analysis of inspection reports.

Children in custodial settings are a vulnerable group. Prior to the COVID-19 pandemic there were concerns about the safety of children in these settings. COVID-19 has had an impact on everyone but given the vulnerability of children in custody, there were concerns about the impact of COVID-19 restrictions. All custody settings for children are independently inspected and this research aimed to analyse data from inspection reports. Twenty-six inspection reports undertaken between March 2020 and October 2021 were analysed to understand the impact of COVID-19 on delivery of usual care/regime. Data showed that across all site's children spent considerable amounts of time isolated and in some cases, this was deemed to amount to solitary confinement. There was evidence of some positive experiences, in the smaller sites, around COVID-19 slowing the pace of life allowing staff and children could foster relationships. However, in the larger sites, isolation was extreme and COVID-19 policies such as 'bubbles' appear to have created unintended consequences as sites have moved into recovery, leading to increased violence and stress. COVID-19 directly impacted staffing levels. This and the COVID-19 policies to reduce mixing also had an impact on how children's behaviour, welfare and safeguarding was managed. In some larger sites, being COVID-19 secure was prioritised over the needs of the children. This research highlights the importance of multi-site longitudinal research to understand how children, staff and institution's function. The experiences of children in custody during COVID-19 differed by site type. The research suggests that the larger sites are struggling to keep children safe and there should be a shift towards smaller, more therapeutic environments. More research is needed to understand the longer-term unintended consequences of COVID-19 policy in custody, for these vulnerable children.

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.

Gender bias in child custody judgments: Evidence from Chinese family court.

Based on a quantitative analysis of a novel dataset comprising 10,093 publicly available judgments of adjudicated child custody disputes from the China Judgments Online website, this article identifies potential gender bias in Chinese family courts under certain conditions. Key findings include: 1. Mothers are generally more proactive in seeking custody and are awarded custody in the majority of cases compared to fathers. 2. Specifically, mothers have a significant advantage in cases involving daughters, while their advantage in cases involving sons is less pronounced. 3. In rural courts, the results are notably different: mothers are disadvantaged overall, fathers are particularly assertive in seeking custody of sons compared to daughters, and mothers are less likely than fathers to be awarded custody of sons. Building on existing literature, this study highlights potential judicial biases rooted in societal gender norms prevalent in rural areas. This raises questions about whether courts have achieved substantive gender equality and whether the legal principle of 'the best interests of the child' is consistently upheld in every court decision. This study enhances the understanding of gender bias within China's family court system by providing valuable insights for those interested in addressing gender inequality. It not only highlights specific challenges women face in custody cases but also calls for broader societal and policy changes to support women and combat gender discrimination in all its forms.

Navigating Custody Battles: Analysing the Application of Best Interest of the Child Principles by Indian Courts

Navigating Custody Battles: Analysing the Application of Best Interest of the Child Principles by Indian Courts

Parenting Patterns of Substitute Parents for Children of Indonesian Migrant Workers

This research is motivated by the importance of parenting education for the families of Indonesian Migrant Workers (TKI) working abroad, especially in the Donomulyo District, Malang Regency, which has become a major concern for the government. With a focus on strengthening social capital and Spiritual Capital, this study aims to address horizontal conflicts resulting from poverty conditions and conflicts among families and social environments. This dissertation focuses on strengthening social capital in parenting education for the families of Indonesian Migrant Workers (TKI) working abroad, with a study on the behavior of caregivers and children from TKW familiesin the Donomulyo District, Malang Regency. It aims to provide insights and practical recommendations to support the fulfillment of child custody rights in the context of TKI families working abroad by strengthening social capital and Spiritual Capital. The research uses a qualitative method, involving interviews, documentation, and observation, and uses interactive data analysis as a data analysis technique. By exploring how strengthening social capital can influence parenting practices in the context of poverty and horizontal conflicts, as well as how this can support the fulfillment of child custody rights. The results show that poverty conditions drive the choices of migrant laborers, creating closed horizontal conflicts within families and social environments. To create social concern for the children of migrant laborers, strengthening Spiritual Capital in social capital is needed, including Bridging Social Capital and Bonding Social Capital, oriented towards family and community actors in shaping attitudes and behaviors that are friendly to children. Implications include strategies to increase social capital and Spiritual Capital, as well as the importance of developing deep communication and social support between families and communities.

Join the Military and Lose Your Kids: An Exploration of the Adverse Effect of Military Service in Child Custody Determinations

Join the Military and Lose Your Kids: An Exploration of the Adverse Effect of Military Service in Child Custody Determinations

Legal regulation of surrogacy parentage determination in China.

Unlike natural conception and other assisted reproductive technologies, surrogacy involves three crucial factors: family legislation, family ethics, and reproductive technology. This makes the determination of parentage in surrogacy more complex. In China, surrogacy is completely prohibited by law. However, this prohibition has not diminished the interest in discussions around the family ethics, order, and relationships affected by surrogacy. In practice, disputes over parentage and child custody arising from surrogacy urgently need resolution through judicial practice. The current legal framework in China lacks clear regulations to address the complexities of surrogacy, leading to numerous unresolved disputes. To address this issue, it is advisable for China to enact clear legislative measures to govern parent-child relationships in surrogacy cases. This paper presents legislative recommendations for regulating surrogacy in China, with the hope that the judicial interpretations of the Supreme People's Court of China can provide clear legal regulations on surrogacy during revisions.

Optimizing Legal Protection for Divorce Outside of Court: Study of the Need for Divorce Isbat in the Indonesian Legal System

This research examines the dualism of religious law and national law in the context of divorce in Indonesia, which raises significant legal and social dilemmas and challenges. This study uses a descriptive-analytic qualitative method with a normative juridical approach to analyze differences in divorce recognition under religious law and national law, as well as its impact on access to justice and legal protection, especially for women. This research identifies that discrepancies in divorce recognition cause various legal and social obstacles, such as difficulties in obtaining maintenance, division of assets, and child custody. As a solution, this study proposes the application of the concept of "divorce isbat" as a mechanism that allows official recognition of divorces carried out outside formal courts, offering higher legal certainty and more effective protection. This research highlights the importance of engaging cross-sectoral stakeholders, including religious leaders, legal practitioners, and civil society organizations, in supporting inclusive and effective legal reform. The implication of these findings is the need for legal reform that harmonizes religious law with national law to strengthen the integrity of the justice system and improve social justice.

The Implementing Joint Custody Post Divorce In Indonesia: a Philosophical Viewpoint

Child custody encompasses parental rights and responsibilities for raising and nurturing their children. In Indonesia, child custody often triggers disputes, especially in divorce cases. This research seeks to present a fresh perspective by examining the deconstruction of joint custody within the context of child guardianship. This study, focusing on legal aspects, employs a comparative approach to deconstruction concepts, drawing from Jacques Derrida's radical deconstruction and Thaha Abdurrahman's ethical deconstruction. The analysis aims to unearth possibilities and offer recommendations for implementing Joint Custody in Indonesia, particularly regarding post-divorce parental custody regulations. Both deconstruction concepts challenge the conventional maternal role in child custody, especially for children under 12. Embracing this deconstruction opens the door to considering joint custody as a new norm in Indonesia. Joint custody is no longer just a concept; empowering judges to consider it based on court proceedings is the fastest route to its adoption in the child's best interest.
 
 Keywords: joint custody; post-divorce; child custody.

Akibat Hukum Tidak Terlaksananya Hak Asuh Anak Pasca Perceraian Orang Tua Di Pengadilan Agama Gorontalo

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court

Gender Disparities in Religious Individual Law

India society is the amalgamation of several societies having different religion. There is a common law of Indian Constitution which is equal for every Indian citizen, but these citizens, as they are living in a particular community has to abide by their personal customs, i.e., Religious Personal Law, where inequality persists. The term personal law includes the scriptural commands and standard practices of that particular religion. These laws allude to the standards overseeing the arrangement of marriage and its disintegration, the separate rights, commitments and limits of marriage; the connection amongst guardians and children; conjugal property; child custody or guardianship and inheritance. One of the basic components of most Individual Laws is that women do not have equivalent rights with men. Much legislation has been done to eradicate the inequality against women but still the disparity persists.

Are child custody evaluations beneficial to family law judges? A study from the judicial perspective

AbstractThere is a long history of dissension among legal and mental health professionals about the value of child custody evaluations. Despite frequent use by the courts, the lack of adequate empirical research impedes the ability to validate the efficacy of child custody evaluations. This study investigated the overall value of court‐ordered child custody evaluations by surveying a diverse, national sample of judges to gather data regarding the usefulness, and validity of child custody evaluations. Two hundred and sixty‐eight judges from 42 states completed an anonymous survey. The results indicated that judges find information voiced by the child in question, data obtained from the parent–child observations, and collateral data obtained about the litigants as most useful. Survey findings suggested judges perceived there to be a shortage of trained evaluators and also consider child custody evaluations too expensive and too time‐consuming. Overall, judges find child custody evaluations useful and clearly desire experts to include recommendations on legal custody and parenting time schedules in their reports.

Adolescent child custody loss and substance use treatment as predictors of young adult substance use trajectories among females with foster care and juvenile justice involvement

This study aimed to identify trajectories of substance use from adolescence to young adulthood among 166 females with dual child welfare and juvenile justice system involvement, and to explore the influence of adolescent child custody status and substance use treatment on substance use trajectories. Results identified four substance use trajectory groups (stable moderate substance use, decreasing substance use, increasing substance use, stable high substance use). Custody loss during adolescence predicted membership in the stable high substance use trajectory group (log odds estimate = 2.99, p = < 0.01). No significant associations were found with adolescent substance use treatment. The findings can inform policymakers, foster care professionals, and law enforcement officers to promote the delivery of timely and appropriate substance use services that respond to the unique needs of females across the child welfare and juvenile justice system populations.

Implementation of Ex Officio Rights of Judges of the Kediri District Religious Court: An Analysis of Non-Cumulation of Divorce and Child Custody Rights

This research highlights the phenomenon that occurred in the Kediri Regency Religious Court regarding the cumulation of lawsuits, it was found that there were still many parties who filed a pure lawsuit without filing a lawsuit in cumulation. The parties often only focus on the divorce lawsuit without including aspects regarding child custody, which can be cumulated according to Article 86 paragraph (1) of Law No.7 of 1989 concerning Religious Courts. The focus of this research is to find out why the parties do not cumulate the divorce lawsuit with child custody and the implementation of the ex officio rights of the judge of the Kediri Regency Religious Court. The research method used is juridical-empirical with a sociological juridical approach. Primary and secondary data were obtained through interviews and documentation. The results of the study concluded that some of the reasons the parties did not cumulate the lawsuit with child custody included ignorance of the parties regarding the cumulation of the lawsuit, the role of legal counsel, the existence of a prior agreement, focus on divorce priorities. Judges of the Kediri Regency Religious Court have applied the applicability of ex officio rights as a privilege owned by judges to impose decisions aimed at providing benefits, namely the fulfillment of the rights of those concerned. Judges can use ex officio rights in divorce cases to give the wife and children their rights such as iddah, mut'ah, madhiyah, and child maintenance. Judges cannot exercise ex officio rights in a contested divorce and cannot impose a decision that is not in the argument of the lawsuit such as a case regarding child custody because of Ultra Petitum Partium.

Menelusuri Hadhanah: Pemeriksaan Mendalam atas Kasus Hak Asuh Anak di Pengadilan Agama

This paper reviews the practice of in-depth examination of child custody cases in the Religious Courts, focusing on the concept of Hadhanah. Hadhanah is an important principle in determining child custody decisions, where the best interests of the child take centre stage. The study identifies the examination process, including the involvement of the child in decision-making, as well as the role of experts and Witnesses in providing a detailed picture. Hadhanah inquiries highlight the complexity of resolving child custody struggles in the context of Islamic law. This research aims to find out what factors make Judges conduct on-site examinations related to child dispute cases. The method used is field research with a qualitative approach. Data was obtained using empirical approach and documentation. This research is expected to provide an in-depth understanding of the hadhanah deskente, and can serve as a guideline for educators, researchers, and stakeholders. The conclusion emphasises the importance of a holistic and sensitive approach to children's needs in the religious justice system.

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.

Positivisme Hukum dalam Mengatasi Konflik Hukum Perkawinan Beda Agama

Abstract&#x0D; The focus of this study is that interfaith marriages often cause legal conflicts due to religious differences between husband and wife. This legal conflict can be related to various matters such as child custody, distribution of assets, and determination of the child's religion. This becomes complex because each religion has its own rules regarding marriage and family. The purpose of this scientific work is to find out how the legal view of legal positivism in interfaith marriages. Legal positivism is a legal view that emphasizes the importance of written legal rules as the only source of applicable law. In the context of interfaith marriages, legal positivism can play an important role in overcoming legal conflicts that arise. The method used in this scientific paper is a comparative study and literature. There are three findings from this study: First, legal positivism can help parties involved in interfaith marriages to understand the applicable legal rules. Second, legal positivism can help resolve legal conflicts through appropriate legal channels. Third, legal positivism can help ensure legal protection for parties involved in interfaith marriages.&#x0D;

Family issues and custodial mothers' quest for justice: Evidence from Colombia.

Access to justice is limited for many worldwide. Although prior research generally recognizes the legal needs and barriers faced by women, less is known about mothers. This study examined the legal needs of mothers in different family configurations and the actions they took in response to these needs through the lens of help-seeking theories. We used unique data from the 2016 Colombian Quality of Life Survey (QLS) to produce descriptive statistics on the legal needs of mothers in two-parent families and custodial mothers. We then conducted multivariate analyses to examine the factors associated with having a family issue and seeking institutional help. Custodial mothers were more likely than mothers in two-parent families to have reported any legal need, and to report a family legal issue. The most frequent legal issues related to the family were issues with child support, custody, and/or visitation. The most frequent action taken to resolve issues was through an institutional actor. Among custodial mothers, single, younger mothers and mothers with more children were more likely to experience family legal issues, but they were not the ones seeking institutional help-those mothers were often more socioeconomically advantaged. That more socioeconomically disadvantaged mothers are more likely to experience a family legal issue but less likely to seek institutional help, the most frequent route to action, calls for research that examines the barriers faced by these mothers and policies to improve their access to justice.