Divorce and child custody

1. Divorce and child custody Four major areas of dispute in divorce: • Property division • Spousal support • If there are children, child support • If there are children, child custody

2. Considerations in arranging custody • Legal parental authority • Physical authority

3. Possible custody arrangements • Sole custody • Joint custody • Limited joint custody • Divided custody • Split custody

4. Legal doctrines about custody • Tender years doctrine • Best interest of the child • Primary caretaker standard

5. Psychological research regarding divorce and custody • Is mother inherently better suited to parenting? No! • Effects of parental absence (Hetherington) • Externalizing • Internalizing • Joint custody vs. sole custody

6. Roles for psychologists • Marriage counselor • Mediator • Child therapist • Court-appointed evaluator • Expert witness • Applied researcher

7. Steps in custody evaluation • Parents describe marriage & family • How do parents communicate with child about the divorce? • Responsibilities in caretaking • Parents’ living and working arrangements • Parents’ emotional functioning • Child’s attitude and preference • Child’s emotional, social, academic functioning during divorce

8. Nims Observation Checklist • Safety and environment • General behavior toward child • Teaching and training • Control • Child-initiated behavior

9. Custody in mixed-race cases • Judges often assume that child is best placed with parent whom the child most closely resembles in terms of color • Psychological studies, however, indicate that such resemblance is not relevant to child’s emotional adjustment

10. Custody and homosexual parents • Judges often assume that gay or lesbian parents are less fit psychologically • Association with mental illness • Belief that lesbians are less maternal • Belief that children will be more likely to be molested, have trouble establishing gender identity, or become homosexual themselves • Belief that children will be teased and ostracized by their peers

11. The psychologist’s view • “The evidence to date suggests that gay parents raise children who are emotionally and sexually similar to those raised by heterosexual parents.” • No evidence that homosexual parents are more likely to raise homosexual children • At least 10 states have laws holding that homosexuality should NOT be a factor in determining custody.