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Child
Child Custody Dispute
Last Updated Oct 5, 2008 11:38 PM
These practice parameters are presented as a guide for clinicians evaluating the often delicate and complex issues surrounding a child custody dispute.
The historical basis of child custody and the various judicial presumptions that have guided courts are reviewed. The differences between performing child custody evaluation and engaging in traditional clinical practice are emphasized.
Issues that are common to all child custody disputes are presented, including continuity and quality of attachments, preference, parental alienation, special needs of children, education, gender issues, sibling relationships, parents’ physical and mental health, parents’ work schedules, parents’ finances, styles of parenting and discipline, conflict resolution, social support systems, cultural and ethnic issues, ethics and values, and religion.
In addition, special issues that complicate custody evaluations are discussed, including infants in custody disputes, homosexual parents, grandparents’ rights, parental kidnapping, relocation problems, allegations of sexual abuse, and advances in reproductive technology, such as frozen embryos, oocyte donation, and artificial insemination.
An outline is provided that describes the complete evaluation process, from assessing referrals and planning a strategy, through conducting clinical interviews, writing the report, and testifying in court. Key words: child custody, forensic psychiatry, joint custody, court, parenting, practice parameters.
Because evaluating the needs of children and adolescents in child custody disputes is complicated and requires specialized knowledge and techniques, practice parameters can be of help to clinicians and, ultimately, the families they evaluate.
These parameters take into account that well-meaning, ethical, and competent clinicians may approach this work in different ways. However, certain methodologies and clinical and ethical boundaries have emerged over time and are presented in these parameters.
The recommendations in these parameters are basic principles that should be considered by clinicians who perform custody evaluations and consult with judges and attorneys.
Just as competent clinicians may vary in their approaches to evaluation, diagnosis, and treatment, qualified forensic evaluators may differ in their methods.
While these parameters are not meant to be followed exactly, they contain principles that should be followed when performing child custody evaluations, which are often complicated. See also Child 388 1 - 6 |
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