PSYCHOLOGICAL AND STRUCTURAL FACTORS CONTRIBUTING TO THE DISENGAGEMENT OF NONCUSTODIAL FATHERS AFTER DIVORCE

The phenomenon of noncustodial fathers' disengagement from their children's lives is critically examined. Based on data obtained from a cross-national (Canada and Scotland) study on the impact of divorce on noncustodial fathers, the argument is developed that these fathers' disengagement from their children's lives results from a combination of structural constraints and fathers' own psychological response to the threatened or actual loss of their children and the predivorce father-child relationship. While divorce represents a loss which deprives fathers of an attachment figure and a role or identity, it also constitutes a situation where fathers are judicially and legislatively disadvantaged on the basis of gender. Attachment theory constructs relating to situations of loss and bereavement frame the analysis of fathers' psychological adaptation to divorce and psychological factors contributing to their disengagement from their children, and analyses of gender are used in an examination of the structural consequences of divorce for noncustodial fathers and structural factors contributing to their disengagement. This study also documents the destructive effect of a purely adversarially based approach to divorce.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

SUBSTANCE-ABUSING FATHERS IN FAMILY COURT

Although all forms of substance abuse disproportionately affect men during early to middle adulthood, when many are fathering children, the status of substance-abusing men as parents is largely ignored in public policy, service delivery, and research exploring the consequences of chronic drug and alcohol abuse. In this review, the authors highlight issues of potential concern to professionals working with this poorly understood, negatively stereotyped population of fathers in family court settings. After reviewing the existing literature on substance-abusing fathers and their children, the authors challenge family court personnel to use (a) awareness of stereotyping, (b) clinical assessment, (c) the principles of therapeutic jurisprudence, and (d) treatment resources to minimize, as much as possible, the risk for poor developmental outcomes incurred by children with a substance-abusing father.     

SERVING FATHERS WHO LEAVE PRISON

This article describes characteristics, service experiences, and outcomes for 350 ex-offenders with minor-aged children who were served at the John Inman Work and Family Center (WFC), a multiservice program offering assistance with employment, child support, and family reconnection. Following their visit to the WFC, fathers had higher rates of employment and child support payment. They also returned to prison at lower rates than the general offender population. Although the findings suggest that parents who leave prison benefit from a collaborative facility that offers multiple services, more rigorous research over longer periods of time is needed to reliably assess the effectiveness of reentry programs.     

PREVENTION PROGRAMS FOR DIVORCED NONRESIDENT FATHERS

Divorced nonresident fathers are a promising target for preventive efforts to assist families after divorce. The research literature suggests that such programs should focus both on the frequency and the quality of the child's contact with the father, as well as the quality of postdivorce mother–father relations. Dads For Life (DFL) is the program for this target group with the most convincing evidence of preventive effects. This eight-week program centers on professionally made videos. It was tested in a randomized trial with 214 families. In comparison to control families, children in families in which the father participated in DFL had significantly lower internalizing problems. The preventive impact of DFL was strongest for the most troubled youngsters.     

PARENTAL RESPONSIBILITY LAWS REVIEWED

Imposing legal responsibility on parents for the antisocial behavior of their children has long been tempting to legislators. The serious problems inherent in such laws are presented in the following appraisal, excerpted with permission from the Pittsburgh Law Review, Volume 30 No. 3.     

MEDIATION AND PARENTAL ALIENATION SYNDROME

Parental alienation syndrome (PAS), a term that originated in the mid-1980s, refers to a disturbance in which children are preoccupied with viewing one parent as all good and the other parent as all bad. Conscious or unconscious words and actions of custodial parents cause the child(ren) to align with them in rejection of noncustodial parents during divorce or custody disputes. Issues of concern for mediators include detection of PAS and an understanding of appropriate remedial plans that will allow the child to restore his or her relationship with the noncustodial parent .     

LESSENING THE STING OF ASFA: THE REHABILITATION‐RELAPSE DILEMMA BROUGHT ABOUT BY DRUG ADDICTION AND TERMINATION OF PARENTAL RIGHTS

Congress passed the Adoption and Safe Families Act of 1997 (ASFA) as a response to children waiting in foster homes for years without permanent placement. In addressing the problem of permanency, however, Congress set a strict limit on how long a child could be in foster care (15 out of the most recent 22 months) before a state must either commence a proceeding to terminate parental rights or else lose valuable federal funding. Due to health care funding schemes and quality of treatment, this requirement, in particular, negatively impacts parents currently in drug rehabilitation whose parental rights may be permanently terminated before a realistic chance to recover is permitted. Although ASFA requires that states make “reasonable efforts” to keep families united, it does not define “reasonable efforts,” leaving parental rights and family unity subject to a chaotic interpretation of this requirement from state to state. “Reasonable efforts” should be interpreted to take into account current drug addiction and recovery research and drug court programs should be used to facilitate this goal. Research has shown that focusing on adequate treatment saves states money and improves the lives of children and their families, reducing the need for reliance on termination of parental rights.     

MANY YEARS AFTER THE PARENTAL ABDUCTION

Little longitudinal data are available on what happens to families in which there has been a parental abduction. This article reports on information on 48 families who have been followed for a number of years after the recovery of a missing child. It focuses on questions relevant to the courts: the use of mediation services preabduction, contact between the abductor and the children and the abductor and the searching parent, the payment of child support and restitution for the search, the legal ramifications to the abductor, and the preparations parents took to prevent another abduction.     

INDIVIDUAL AND COPARENTING DIFFERENCES BETWEEN DIVORCING AND UNMARRIED FATHERS

The current study examines differences in demographic characteristics, parental conflict, and nonresidential father involvement between divorcing and unmarried fathers with young children. Participants were 161 families (36 unmarried) with children aged 0 to 6 years, involved in a larger longitudinal study of separating and divorcing families. Baseline data were gathered from parenting plans, court databases, and parent reports. Results indicated that unmarried fathers were younger, more economically disadvantaged, less well educated, less likely to have their children living with them, and had less influence on decision making. Unmarried fathers reported more conflict regarding their attempts to be involved with their children in their day-to-day activities. Understanding these unique characteristics and dynamics will help to maximize effective services in the legal system for unmarried couples.     

DIRECT PARENTAL CONTROLS AND DELINQUENCY*

Until recently, “direct controls” by parents have been summarily dismissed by delinquency researchers as theoretically and empirically unimportant. Although prior research indicates that various measures of direct parental controls (e.g., the amount of time spent interacting with parents) are related to delinquency, the correlations are uniformly weak and often not significant. However, when the term “direct control” is reconceptualized to include specific components—normative regulation, monitoring, and punishment—the results indicate that direct controls by parents have as great an impact on delinquency as that of “direct controls” or parental “attachments.” Further, the results suggest that the form of the relation between direct controls and delinquency is not simple, direct, and linear. Depending on which specific component of direct control is examined, its relationship to delinquency may be either linear or nonlinear, positive or inverse.     

PARENTAL ABDUCTION JUSTIFICATION AS EGO DEFENSE

Abducting parents sometimes justify their actions as a form of ego defense. This brief report discusses observations that may be helpful to practitioners involved in resolving custody and visitation disputes following parental abduction.     

PARENTAL REACTION TO THE DISABLED CHILD:

The special needs child demands adept and flexible care. This becomes harder to provide when the child resides in two homes or when the parents are in conflict about the child's diagnosis. To secure effective intervention, parents must become mini-experts in their child's condition, advocating tirelessly to secure necessary educational, financial, and medical assistance. These parents, confronted with the reality of their child's diagnosis, must also face the reality of a different future than the one they had imagined for their child and themselves. This can trigger a complex and fluid grieving process that is different for every parent. Understanding the role of grief in custody proceedings can provide a useful lens for viewing the vastly dissimilar opinions these parents often present. Failing to recognize the distorting effect of grief places family law professionals at a distinct disadvantage in dealing with these complex issues.