Child custody agreements and legal considerations

FORENSIC PSYCHOLOGY & CHILD CUSTODY CASES

According to the American Psychological Association "decisions regarding child custody and other parenting arrangements occur within several different legal contexts…" (2009, p.1) These include the contexts of: (1) parental divorce; (2) guardianship; (3) neglect or abuse proceedings; and (4) termination of parental rights. (APA, 2009, p.1) There are issues that are addressed in child custody proceedings that require the services of the Forensic Psychologist.

ISSUES IN FORENSIC PSYCHOLOGY -- EVALUATIONS OF CHILD CUSTODY

Child custody evaluations are stated to be required to address three questions which are all related. Those three questions are: (1) what are the child's needs?, (2) what are the strengths and limitations of the individuals who are seeking custody; (3) what arrangement for custody equals the best match when the child's needs are considered in combination with the strengths and limitations of each parent. (Campbell, 2005)

Franklin (2006) states in the work entitled: "Child Custody Evaluations" that these types of evaluations are conducted with the intent of providing the court with information "regarding what custody and visitation arrangement will be in the best interests of the children, when the parents are unable to resolve this issue on their own." (p.1) This is often referred to as a 'best interests' evaluation. The psychologist is bound ethically in their recommendations concerning the child's best interests "regardless of who requests the evaluation." (Franklin, 2006, p.1)

II. ASSESSMENT FACTORS & MEASURES

There are various factors examined during the course of the evaluation in determining what is in the best interest of the children at issue in a custody case. First the parents are evaluated for the purpose of determining "whether either parent presents with serious psychological problems" and as well in order to evaluate the relationship between the child and parents and to make identification of "conflict issues between the parents." (Franklin, 2006, p.1) Assessed are personality factors and an attempt is made to determine which parents is closer to the children on a psychological level.

The children are evaluated as well in an examination that involves the psychological assessing he emotional connection of the child to each of the child's parents. As well the psychologist examines whether the children appear to have any psychological problems of a significant nature. School adjustment is examined as well are any behavioral problems at school and as well an examination is conducted regarding the child's involvement in school, the effects of the extended family and any stepfamily issues. Finally, the psychologist assesses whether the parents will be able to work cooperatively for the child's best interests. (Franklin, 2006, paraphrased)