ARE SELF-DETERMINED DIVORCE AND CHILD CUSTODY AGREEMENTS REALLY BETTER?

The results of this study support the hypothesis that couples who perceived themselves as having actively participated in the development of their own divorce decrees were more satisfied with their custody and financial arrangements and obligations. These same couples, however, reported more postdivorce conflict with their ex-spouses and more emotional maladjustment. It is concluded that there are costs and benefits attached to self-determined divorce decrees. Such decrees tend to require greater cooperation between ex-spouses, which in turn creates more opportunities for disagreements. Thus more attention needs to be paid to helping couples deal with the strife that is likely to occur after the divorce is final.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

INNOVATIVE APPROACHES IN CHILD CUSTODY EVALUATIONS

This article discusses the joint office interview as an innovative technique for evaluation of families, the feedback or "summary" sessions by evaluators, and the role of the mediator in the feedback process. A retrospective analysis of the procedures revealed that considerable material could be studied and presented. Summaries of these data are offered as a guide to those interested in the resolution of child custody disputes.     

CONFLICTING ROLES IN CHILD CUSTODY MEDIATION

This article will first discuss the conflict in the mediator's role as a neutral and impartial third party with no interest in the outcome and his or her role as guardian or advocate for the best interests of the child. That discussion will define terms, consider the legal standard for the best interests of the child as it is used by the courts, and lay out how the legal standard is problematic in general but even more so for mediators. Part 3 will discuss options for mediators attempting to resolve this conflict by looking at a continuum of alternatives, using examples of opening statements that illustrate positions ranging from extreme nonintervention to complete inte mention. An assessment follows each example.     

GENDER BIAS IN CHILD CUSTODY DECISIONS

Throughout history, gender stereotypes have played a key role in child custody dispositions. Despite current gender-neutral statutes, men's advocacy groups claim that custody decisions continue to discriminate against fathers. Women's advocacy groups and the media counter that custody decisions discriminate against mothers. Contradictory perceptions can be traced to the imprecision of the best interest standard, anecdotal cases that have been popularized in the media, a selection bias among cases that are decided in court, the absence of reliable nonpartisan research, distortions of existing research, and implicit assumptions about which parent should get custody. Gender stereotypes that favor mothers' preferential claims to custody are not supported by research, and the primary parent presumption is regarded as seriously flawed. Rather than focus on the demands of adults, custody reform should address the needs of children.     

CHILD CUSTODY EVALUATIONS

Judicial and legal changes in divorce rules and precedents over the last two decades have led to increasing involvement by mental health professionals in child custody disputes. This involvement usually entails an evaluation of the child and parents, along with a recommendation to the court regarding custody. To date, there is little empirical evidence supporting the efficacy of methods typically used by professionals in making recommendations to the court. This article presents a review of assessment methods currently used in resolving child custody disputes. It also reviews the limited number of outcome studies on child custody evaluation and methods used in litigation and mediation.     

ASSESSING SUBSTANCE ABUSE QUESTIONS IN CHILD CUSTODY EVALUATIONS

Substance use is rampant in contemporary society, but little attention has been paid to it in the context of child custody evaluations (CCEs). This article provides concrete suggestions for integrating issues about substance abuse into a more overarching CCE and discusses specific assessment strategies.     

CHILD CUSTODY DISPUTES IN FAMILIES OF MUSLIM TRADITION

Islam is one of the fastest growing religions in America and by all accounts, there are 2.35 million Muslims in the country today. Muslims separate and divorce at rates consistent with the general population and almost half of those born in the United States are in relationships with non‐Muslims. It is not surprising that issues of religious education take center stage in child custody disputes. In addition, 64% of foreign Muslims cite the U.S. disrespect for Islam as the overwhelming factor in their resentment for America and Americans and they constitute the greatest potential risk for child abduction of American Muslim children. As more Muslim Americans separate and access the family law courts, we as lawyers, judges and child custody experts must be prepared to address the unique aspects of religion and foreign travel that these families present.