JOINT CUSTODY AND THE PRESCHOOL CHILD

A longitudinal study of 25 families, with children aged 14 months—5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5 year-olds.     

THE EFFECTS OF DIVORCE AND CUSTODY ARRANGEMENTS ON CHILDREN'S BEHAVIOR, DEVELOPMENT, AND ADJUSTMENT

This article summarizes the consensus among a group of experts from developmental and clinical psychology, sociology, social welfare, and law who sought to evaluate existing empirical evidence regarding the ways in which children are affected by divorce and the varying custody arrangements that follow it. Divorce and/or single parenthood tend to have adverse effects on children's adjustment, with the magnitude of the effects varying depending on the psychological status of the two parents, the extent of conflict between them, and the financial circumstances, particularly after divorce. Children whose nonresidential parents continue to support them financially, those whose custodial parents are psychologically healthy, and those who have and maintain meaningful relationships with nonresidential parents tend to be affected less by the divorce, especially when there is no conflict between the parents. Interventions should thus be designed with these factors in mind.     

THE COLLABORATIVE DIVORCE PROJECT: A Court-Based Intervention for Separating Parents with Young Children

The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation/divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.     

THE IMPACTC OF DIVORCE ON FAMILIES

Australian research on the impact of separation and divorce on children and their families has consistently shown that although separation is a stressful event in the lives of families, the long-term prospects for these families is encouraging. A number of issues arising from the research presented in this article warrant closer consideration by decision makers, court administrators, and professionals dealing with disputing families. First, programs aimed at reducing conflict and assisting families to deal with the emotional impact of separation need to be given priority. Second, there is sufficient indication to suggest that poverty as a result of separation and divorce has a debilitating effect on women and children. Third, in dealing with disputes over custody and access, care needs to be taken to respect the needs of individual children. Finally, high conflict in a family postseparation should be a warning to pay particular attention to the potential harm of applying joint custody and frequent access presumptions.     

SEPARATION ANXIETY AND DE FACTO DENIAL OF VISITATION

The dynamics of separation anxiety and its potential impact upon restriction of legal visitation in preschool age children is discussed. The interplay between adult personality characteristics and the child's developmental level is inextricably intertwined to generate separation fears. This interplay is presented within a theoretical framework of interaction. Unfortunately, the child's reactions to separation are frequently misinterpreted by the parents as indications of some mistreatment by the former spouse. Although adjustment difficulties in preschool age children coping with divorce are likely, the pattern of disturbance associated with separation anxiety is predictable and occurs almost exclusively with temporary removal from the primary parent. Behavioral health and legal professionals are cautioned against allowing such behavioral disturbance to be utilized by combative parents to deny, restrict or abridge scheduled visitations with the nonresidential parent. Requests for private custody evaluations have increased dramatically in the past decade. Behavioral health professionals often find themselves being jointly stipulated to by disagreeing parties, or directly appointed by the court, to help formulate a residential plan to meet “the best interests of the children” affected. When assessing divorcing families with young children, varied adjustment patterns are observed. However, as Wallerstein and Kelly (1980) discovered, almost all children are adversely affected by the family rupture, at least on a short-term basis. Surprisingly less than 10 percent of the children experienced relief following the parental decision to divorce, despite the degree of explosiveness which may have characterized the dysfunctional marital relationship. Further, the particular response style exhibited by the children was primarily dependent upon the developmental and emotional level the child attained prior to the time of divorce. While positive adjustment has been correlated with an absence of feuding or animosity between the divorcing parents (McKinnon & Wallerstein, 1986), preschool children seem quite vulnerable to adjustment difficulties. Evidence has also begun to accumulate to suggest that divorce has a more serious impact upon boys than girls (Hetherington, 1979). Problems frequently surface during times of exchange, particularly when parents are actively engaged in battle. At its worst, these extreme maladjustments may resemble what appears to be a separation anxiety. Again, the Wallerstein and Kelly (1980) studies reported that preschool age youngsters displayed fright, exhibited regressions, confusion, increased aggression, maintained disruptive fantasies, and experienced guilt. While most of these symptoms remit within a year to a year and a half following divorce, continued bickering and conflict between the parents either prevents resolution, or may even exacerbate, these symptoms later. The purpose of this paper is to discuss the phenomenon of separation anxiety in greater detail, and to provide professionals aiding divorcing families with preschool age children sufficient information to recognize and understand these problems. Hopefully, this knowledge will facilitate those entrusted with making custodial-visitation recommendations, the confidence to follow through with agreed visitation plans despite what at first may appear to be discomfort to the child.     

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.     

CRITICAL ASPECTS OF PARENTING PLANS FOR YOUNG CHILDREN

The debate about the benefits and drawbacks of overnight schedules for young children is hotly contested in family law. This study investigated connections between occurrence of overnights, schedule consistency, number of caregivers, and young children's adjustment to parental separation and divorce. Families ( N = 161) with children aged 6 years or younger were recruited at the time of filing for divorce or child custody (if unmarried); follow-up data were obtained from 132 families 15 to 18 months later. Results indicated that parenting plan variables are related to children's social, cognitive, and emotional behavior, with caregivers and schedule consistency more salient than overnights. Girls benefited from overnights and more caregivers, whereas boys did not. Overnighting children aged 4 to 6 years when their parents filed manifested fewer problems 1.5 years later than did younger children. Even when controlling for parental conflict and parent-child relationship variable, the constellation of parenting plan variables contributed to young children's adaptation.     

EMOTIONAL DISTRESS IN CHILDREN OF HIGH-CONFLICT DIVORCE

This study examines factors that contribute to the emotional distress of children whose parents experience an acrimonious divorce with conflict over custody and visitation issues. Information was gathered systematically from guardian ad litem reports on 105 children in order to explore the child's emotional distress in response to individual-, parental-, marital-, and custody–related factors. Findings emphasize the impact of the level of marital conflict in predicting increases in the child's emotional distress. The child who witnesses domestic violence and experiences child malmatment suffers a powerful cumulative impact from these factors. which results in a steep increase in emotional distress symptoms. A cluster of relevantfactors taken jointly, including the level of marital conflict, violence against a partner or against the child, the parent's mental health, the child's medical condition, and the nature of visitation changes, all contribute signifcantly to the child's emotional distress.     

DIVORCED PARENTS' FINANCIAL SUPPORT OF THEIR CHILDREN'S COLLEGE EXPENSES

Reliable, quantitative, and current information is needed to inform the policy debate about whether parents, most commonly noncustodial parents, should be compelled to provide support for their children's higher education. We report data from a large study of the financial support college students reported receiving from their divorced mothers and fathers in a state where such payment is completely voluntary. Mothers' and fathers' financial resources did not differ greatly; when these were statistically controlled for, mothers and fathers contributed remarkably similar amounts of college support. Among other findings, fathers contributed more proportionately than mothers in families that had joint legal custody but less in sole maternal custody families. Our findings suggest policies that will likely encourage more voluntary support for higher education from divorced families.     

IDEOLOGIES OF JOINT CUSTODY

This article discusses the way that the ideological endorsement of joint custody as being in the chilďs best interests has resulted in significant issues, especially those more likely to be raised by mothers, being marginalized or suppressed. Although more commentators and researchers are now taking issue with some of the problems inherent in joint custody arrangements, many New Zealand professionals working with separating families continue to view the arrangement very positively. As a consequence, there has been little evaluation of those family situations where joint custody is not in the chilďs best interests, especially those where there is ongoing hostility between parents.     

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.     

Maternal and joint custody

The present study examined differences between 40 couples who agreed to traditional mother custody and 12 couples who agreed to joint custody as the postdivorce arrangement for their children. Data were collected by interview and questionnaire within six months of the filing of the divorce petition. Differences emerged in the social context of the decision process, the criteria used, and the application of criteria to parents' particular circumstances. The findings are then organized into a framework that suggests a model for the process by which parents make their decision about custody.     

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.     

A study of families in high-conflict custody disputes: effects of psychiatric evaluation

Each year approximately 2.5 million people divorce, subjecting more than 1 million children to the losses of familial breakup. Hostility in families can be greatly exacerbated by parents' repeated failures to negotiate an altered lifestyle for the family which provides for the children's best interests. Interventions with highly conflictual parents and their children must necessarily address the interface between the mental health and legal professions. How families experience this process must be carefully studied in order to create new strategies for change, not only within the families, but also to facilitate the legal system's cooperation with mental health professionals. To date, little research has been conducted which assesses the efficacy of methods used by mental health professionals to intervene in contested child custody cases. This paper describes a program at the Isaac Ray Center, Inc., designed to help parents settle their custody disputes out of court. The article presents findings based on an 18-month follow-up questionnaire and court records for 45 parents. Data concerning custody settlement, relitigation, and parents' satisfaction with the evaluation process, their attorneys, and the custody outcome are presented and discussed.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

The role of family conflict and marital conflict in adolescent functioning

Recent research has suggested that general family conflict is more disruptive to child functioning than is marital conflict. We hypothesized, in contrast to earlier work, that marital conflict will contribute unique variance to our understanding of child functioning but only when it occurs in front of children. One hundred and forty-six mother/adolescent pairs served as participants. Mothers completed measures of marital and general family conflict. Both mothers and teachers completed measures on child functioning at two points in time separated by 1 year. Consistent with the earlier findings, general family conflict was more predictive of child adjustment problems than marital satisfaction. However, marital conflict occurring in front of the child was equally predictive of child problem behaviors as was general family conflict.     

Relitigation after contested custody and visitation evaluations

Relitigation of custody, visitation, and child support during a two-year period was used as a measure of postdivorce adjustment. A sample of highly adversarial families (n = 58) referred for a court-ordered psychiatric evaluation as part of a contested divorce custody or visitation action was compared to control samples of mother custody (n = 43), father custody (n = 30), and joint custody (n = 54) families in which custody was not contested. Nineteen percent of adversarial families evaluated predivorce relitigated custody, a significantly higher rate than control families. Mother custody cases had a higher rate of relitigation over child support than did father or joint custody arrangements. Joint custody controls had approximately the same rate of relitigation of custody as did father custody and mother custody controls. A sample of families referred for evaluation of a postdivorce custody or visitation dispute (n = 46) had a higher rate of relitigation of problems regarding visitation than did a control sample of postdivorce families (n = 36). Possible explanations for these findings are discussed.     

Discrepancy between Mother and Child Perceptions of Their Relationship: I. Consequences for Adolescents Considered within the Context of Parental Divorce

Previous research has shown that parent-adolescent conflict is associated with adolescent adjustment. One possible source of conflict between parents and adolescents is the discrepant ways in which they perceive their relationship, which may contribute to adolescent adjustment difficulties. The present study examined the association between mother-adolescent discrepant views in their relationship and adolescent adjustment difficulties concurrently and longitudinally. In addition, the role of a family stressor, in this case parental divorce, in enhancing the discrepant views and moderating the relationship between discrepancy in perceptions and adolescent adjustment was examined. Results indicated that discrepancies in mother perception and adolescent perception of their relationship were associated with mother report of internalizing and externalizing behavior problems concurrently and longitudinally. Furthermore, discrepancies were significantly higher in divorced families than intact families, but divorce did not moderate the relationship between discrepancies and adolescent adjustment. Clinical implications and directions for future research are discussed.     

MAKING IT WORK

With the prevalence of divorce in our country, there is a serious need of services for divorcing families to be readily available and offered in a manner to increase the use of the services. Early intervention with the divorcing family is critical to help alleviate levels of parental conflict and decrease potential litigation. This article is an evaluation of the first year of court-mandated parenting psychoeducational workshops. The results demonstrate the positive effects of the workshops for most divorcing parents in terms of levels of ongoing conflict between parents, children's adjustment as observed by the parents, parents' adjustment, and parents' ability to settle the legal issues of the divorce and keep the children out of the middle of the conflict.     

Parent-adolescent conflict and stress as a parent: Are there differences between being a mother or a father?

Parent-adolescent conflict is viewed as a common dimension of the family during the teenage years. The purpose of the present study was to determine whether mothers and fathers of young adolescents differ in their report of conflict with their adolescent, level of stress, and parenting competence. Furthermore, the role of age and gender of the young adolescents was examined. One hundred and twenty-two adolescents and their parents participated in the study. All families were intact. The families were divided into groups according to the adolescent's age and gender. Analyses of variance with three factors (adolescent's age, adolescent's gender, mothers versus fathers) were performed. Mothers and fathers did not differ on personal (depression) or marital adjustment and on perceived parenting competency. In contrast, in terms of parent-adolescent conflict, mothers reported a less positive relationship, a greater number of conflicts, and more intense discussions of conflicts with their adolescents. Gender and age of the adolescent were not important contributors to the analyses. The results suggest that, in terms of the variables examined in this study, conflict in the parent-adolescent relationship is the primary difference between mothers and fathers.