Child Custody: Practices and Perspectives of Legal Professionals

Judges' Reliance on Psychological, Sociological, and Legal Variables in Contested Custody Decisions

“…In addition to moral infractions, mental illness has also served as a reason for declaring a parent unfit for shared or sole parental responsibility (Horowitz & Davidson, 1984). Other criteria that are commonly considered in state statutes include the emotional stability of parents, their ability to care for the children, the time parents have available for child care, stability in living arrangements, psychological evaluations, parental oc-fl cupational status, and children's wishes (Ash & Guyer, 1984;Felner et al, 1985;Lowery, 1981;Sorensen & Goldman, 1989).…”

“…Initial studies have demon-. strated that judges use both legal criteria and variables identified in psychological research when arriving at custody determinations (e.g., Felner et al, 1985;Sorensen & Goldman, 1989). Additionally, it has been noted that while judges have historically favored mothers in awarding both legal and residential custody (Derdeyn, 1976;Hyde, 1984), this preference has dissipated considerably in recent years (Felner et al, 1985;Sorensen & Goldrnan, 1989).…”

Characteristics of joint physical custody families in Flanders

“…Custody legislation is one arena in which changes have been remarkably rapid. Under the premise of the child"s best interest and driven by fathers" rights groups who rejected the courts" maternal presumption, legislators moved toward a more gender-neutral approach (Buehler and Gerard 1995;Felner, Terre, Farber, et al 1985;Fox and Kelly 1995;Frankel 1985;Rothberg 1983;Settle and Lowery 1982;Warshak 1986;Wolchik, Braver, and Sandler 1985;Van Krieken 2005). This led to the adoption of new concepts, such as "equal parental rights" and "joint physical custody".…”

Influence of Child and Family Factors on Judicial Decisions in Contested Custody Cases*

“…Notably, judges' understanding of child and family factors per se and their influence on decision making have yet to be addressed. Limited research assessing the factors or criteria that judges consider most important in determining custody arrangements (e.g., Felner, Terre, Farber, Primavera, & Bishop, 1985; Kunin, Ebbesen, & Konecni, 1992; Lowery, 1981; Sorensen et al, 1997) implies that judges do take child and family factors into account when making custody decisions. For example, in an attempt to determine whether judges make use of information that the psychological literature has suggested to be predictive of children's psychological adjustment following divorce, Sorensen et al (1997) examined case‐specific data provided in reports prepared for the Florida courts by Guardians ad Litem (GALs; trained volunteers or professionals who provide the court with information about the families and make recommendations for awards of custody).…”