Important Role Played by Forensic Psychologists During Divorce Cases

¶ … Forensic Psychologists in Determining the Award of Child Custody in Divorces For a long time, children have been treated as personal property during divorce proceedings. This meant that the children were subject to subdivision amongst the parents like any other property the couple owned. According to Emery and Wyer (1987a), all personal property would revert to the husband. For this reason, children would become the property of the father. In the 1800s, the law started to change and begun awarding custody of children based on analysis of both parents.

The tender years doctrine was adopted, which was used to award younger or tender children to the mother instead of the father (Gunsberg & Hymowitz, 2013). This was because the young children would still need their mother more, and she was considered a better parent due to her maternal nature. This preference was not cast in stone. If the father could manage to demonstrate and prove that the mother was unfit to raise the children, she would not receive custody of the children.

In most jurisdictions before the 1970s, the primary legal standard used to determine child custody was the tender years doctrine. The best interest of the child became a consideration after the 1970s. This standard would analyze both parents and determine who was best suited to care for the child. Shifting towards the best interest of the child meant that the parents' rights were no longer of primary importance. The courts would award custody based on continued maturation and development of the child.

In order for a judge to determine the best interest of a child, they would need the services of a forensic psychologist. The psychologist would interact with the child and the parents to establish who would offer the child the best care. If both parents were deemed fit, then joint custody would be the preferred option. Child evaluation is not an easy task because there are many challenges and obstacles the psychologist would have to overcome before they can gain the trust of the child (Murray, Farrington, & Sekol, 2012).

Legal standard ambiguity has not helped in reducing the complexity of evaluations. With the divorce rate increase, the need for child evaluations has also increased. The majority of divorce cases do not require legal assistance, and they are settled amicably amongst the couple. In such instances, the couple would decide what is best for the children. Forensic psychologists are only required when the dispute gets to court and in most instances courts do not pay much attention to their services.

If forensic psychologists were taken seriously, as they are in other forensic areas, then children would have better chances of living with a parent who would offer them better care. The forensic psychologist would have different roles to play when dealing with children. The psychologist would act as a mediator, counsellor, therapist, and evaluator. The recommendations made by the forensic psychologist would be used by the courts to determine child custody.

The role of forensic psychologists Forensic psychologist are charged with the psychological assessment of people involved with the legal system. The kind of involvement does not matter since the forensic psychologist is only required to determine if the person is fit for trial or they need medical attention before trial. A forensic psychologist will apply the principles of psychology in the justice system. Forensic psychologists are mostly used for criminal trials in order to establish if a defendant's mental state meets the legal standards.

This is the situation where forensic psychologists are mostly used, but they can also offer vital insights in divorce cases. The forensic psychologist would have sessions with the parents and the children, which they would use to establish what is best for the child (Drozd & Flens, 2014). For judicial trials, it is vital that the court deems the defendant mentally capable of standing trial. For this reason, the services of a forensic psychologist are demanded in such situations.

The psychologist will evaluate the defendant to establish why they are incompetent to stand trial, if there is need to have them confined in a mental institution, or they require treatment. Judges value the reports made by the forensic psychologist in such situations, but in divorce cases, they are deemed unnecessary. Forensic psychologists will offer therapeutic services to the clients irrespective of the case in hand. In criminal trials, they would offer the defendant counselling sessions as they would for divorce cases.

During divorce cases, the therapeutic services offered by a forensic psychologist would come in handy to establish how the child feels about the parents divorcing. It has been shown that most children blame themselves when the parents' divorce and they harbor feelings of hatred, which leads the children towards immoral behaviors. The forensic psychologist would be in a position to counsel the children and offer them guidance in regards to why the parents are separating.

Coping with the situation is the priority for the forensic psychologist, and they would be required to offer guidance to the child. In the process of counselling the child, the psychologist would have an opportunity to interact with the child and establish who of the two parents the child prefers to live with. The forensic psychologist would have to interrogate the child in a manner that is not leading. The forensic psychologist is not only charged with analyzing the child, he/she is required to have sessions with the parents.

During these sessions that would establish the state of mind, for each parent and they would be better placed to advice the courts on who is best suited to gain custody. The forensic psychologist will conduct sessions with the individual parents separately (Lavadera, Caravelli, & Togliatti, 2013). In this way, the parents can open up, and the forensic psychologist would gain insights that will assist in determining custody of the child or children. There have been cases of child abuse or neglect during divorce cases.

One partner could accuse the other of neglecting the children in order for them to get custody. The courts would be ill-equipped to handle such a situation if they did not employ the services of a forensic psychologist. It is not easy for the courts to prove that a parent has neglected their duty, but using a forensic psychologist, the courts can determine the truthfulness of the accusation. Divorce cases that are not decided in court do not require the services of a forensic psychologist.

Such divorce cases could lead to child abuse especially if the parent who was left with the child or children was unwilling to take on custody. A parent can be angry, and they only want to hurt their partner by denying them custody. The parent would later realize that they were not ready to take up the responsibility, and this would result in them abusing the child or children. If the services of a forensic psychologist had been employed, this would not have been the case.

The psychologist would have to look past the anger and establish if the parent is genuinely prepared and willing to care for their child. There are different test that can be used to determine child custody. The test chosen by the forensic psychologist must be selected carefully to ensure that it covers the child developmental, cultural, and linguistic needs. Marriage counsellors Marriage counselling is another role that a forensic psychologist has to take up.

The forensic psychologist would be placing the best interests of the child or children and in so doing, they would prefer to counsel the parents and determine if they can reconcile. This is because reconciling the parents would result in a stable environment for the child. The child would not have to spend time apart from one parent for long periods, and both parents would be living under the same roof. Divorce is not only stressful for the children, but also for the adults.

Divorce results in uncertainty for the future both for the parents and for the children. For this reason, any decision to divorce should be considered well, and all means applied to avoid divorce. Couples need therapy to identify the underlying issues and establish if it would be possible to reconcile and iron out the issues. Communication is th emost important thing for any marriage counselling session. Couples should be willing to discuss and open up to each other.

The forensic psychologist would have to offer an avenue suitable for open and honest communication between the parents. This would be an attempt to reconcile the parents because of the children. As a marriage counselor, the forensic psychologist would still have to conduct sessions with the children. These sessions would only take place after they have determined that the parents have irreconcilable differences. The marriage counselling the offered to the children would be aimed at ensuring that the child or children do not harbor ill feelings towards marriage.

Children are more prone to negative feelings if they do not understand why their parents are separating or why they cannot live together with both parents. The counselling sessions would offer guidance and understanding for the children. The forensic psychologist should ensure that he/she discusses the different scenarios that would lead to divorce, and it is not the fault of any particular parent. This way the child would understand that the divorce is unavoidable and if the parents do not divorce it could result in devastating consequences.

The child would also understand that the parents are divorcing because of their own differences and not because of anything the child might have done. Marriage counsellors are charged with trying to offer the couple guidance and counselling in order for them to resolve any underlying issues or problems. Forensic psychologists offer marriage counseling services to interested couples or to couples sent by courts. In terms of the divorce, the courts are never willing to settle the case quickly, and courts prefer to offer the couple multiple opportunities to reconcile.

Majority of courts will send the couple for therapy sessions with a forensic psychologist who would be required to give guidance and assist the court understand the reason why the couple should be awarded a divorce. Divorce mediators Forensic psychologists are also divorce mediators. In order to ensure that the couple arrive at an amicable solution once it is determined that the two cannot live together as husband and wife, and then a forensic psychologist would be the appointed divorce mediator.

he/she would be charged with the distribution of property, child custody, visitation rights, visitation timings, child support, and taxes (Emery & Wyer, 1987b). The mediator would have to handle other issues, but the main ones are as listed. There are cases when agreements are arrived at easily, but in most situations, compromises have to be made. It is the mediators, role to ensure that no party leaves the mediation table feeling cheated or discriminated upon.

The mediator does not determine what each couple receives, but rather they are required to intervene when a deadlock is reached. They will encourage the couple to talk and brainstorm ideas. Using such interventions, the couple would have an opportunity to maintain focus and not let emotions to rule their actions. It is easy to mediate when there are no children involved. This is because property can be subdivided easily. When children are involved, there are different aspects that the forensic psychologist would have to analyze during the mediation.

A good forensic psychologist can identify a suitable parent during the mediation process. When couples are arguing over how to share property, they will definitely lose their temper, and the mediator can easily see how they control or handle different situations. During the mediation process, the forensic psychologist should understand that after the divorce especially if there are children involved, the couple would have to continue communicating and interacting. With that in mind, they would be required to continue communicating after the divorce is finalized because of the children.

If the mediation process is not handled amicable, one partner would have ill feelings towards the other and any future communication would not be conducive. The children would suffer in the future because one parent would not be treating them or interacting with them as the other, which might lead to parent alienation. Child custody in divorce is no longer an easy thing because both parents would want to have full custody.

Deciding on the type of custody each parent has is also tricky, and mediations would help both parents to develop a mutual agreement (Garcia, 2012). If not possible, then the forensic psychologist would have to conduct assessments to determine who is most capable of caring for the child. The assessment would also be based upon the interests of the child. Children can have a preference for one parent over the other, which can inform the forensic psychologist on who the child would prefer to live with most of the time.

However, this preference should be analyzed carefully to ensure that one parent has not poisoned the child leading to their hatred or preference. The forensic psychologist has to establish the nature of relationship a child has with both parents before they can propose custody. Court appointed evaluator A court-appointed evaluator is a forensic psychologist proposed by the court or attorney to resolve child custody and visitation plan stalemates. The evaluator will conduct evaluations on the family and make recommendations for the court in regards to child custody.

The difference between an evaluation and a mediation is that during mediation the couple is encouraged to reach their own agreement. When an evaluation is conducted, the evaluator is charged with making the recommendations to the courts. This is not a final process because the courts have to analyze the recommendations and determine if that would be the best course of action.

To gather the information, the evaluator will carry out at least three individual sessions with each parent, two sessions with each child, observe the children with each parent, and reach out to external parties like teachers, and pediatricians (Patel & Choate, 2014). This might not be the evaluation process used by all evaluators, but it encompasses the vital aspects that any evaluator would have to use in order for them to reach a conclusion and make recommendations.

A court-appointed evaluator is chosen by the court, but the couple could be allowed to select one from a list of evaluators. The evaluator will conduct psychological tests and use questionnaires to will assist them to gather information on the emotional functioning of each parent. The main aim for these assessments is to uncover any hidden information that could jeopardize the child.

The forensic psychologist has to ensure that the recommendation they make does not harm the child, and it will encourage growth and development for the child (Blais & Forth, 2014). In most cases, the recommendations made by the forensic psychologist are not challenged by the courts, and they value their assessments highly. Therefore, the forensic psychologist must be neutral, and have experience dealing with different custody and visitation plans. The evaluation conducted has the potential to disclose information that the couple would not be willing to disclose.

In most divorce cases, the couple is only interested in what is best for them and this might prove a problem when there are children involved. Each parent will only be interested in taking up custody for personal reasons even when they know they are not well equipped to handle or raise the child. With such a background, the couple might try to hide information and they would make false statements to ensure they obtain legal custody.

The evaluator would be required to establish if the information presented is truthful and determine the best parent to have custody. The questionnaire does not ask about the parenting style of each parent, but rather it present different scenarios unrelated to child custody to disclose emotions. Watching each parent play with their child will establish the bond the parent has built and how they interact. This is vital because it allows the forensic psychologist to see how each parent would raise and interact with the child after the divorce.

There are situations when a parent can fake, but when it comes to playing or handling their child when they are not aware they are being observed then the chances of them faking it are hard. It should be noted that the evaluator would not act as a therapist or marriage counsellor during the evaluation process. This has been a common misconception with most couples where they expect the mediator to solve problems or offer advice.

The main aim of child custody evaluations is to guide the parents towards making better resolutions and not about who wins or loses. Parental alienation Parental alienation refers to a situation where one parent has successfully managed to turn the children against the other parent. Studies have shown that children do not hate either parent, and they actually report they do not have ample time to spend with each parent. For this reason, if there is no parental influence, it would not be possible for parental alienation to occur.

All children would love to have a loving relationship with both parents even if being raised by both parents is not possible. If a parent were previously cruel, or abusive then it would be likely they would get alienated after the divorce. However, in situations where the parent had a good relationship with the child, and they are now been rejected it would clearly demonstrate that the other parent is influencing the child negatively. Children will pick up small details or emotions that a parent has towards the other parent.

If the emotions were negative, then the child would mirror those emotions when the parent came to visit. A child who was previously loving would start avoiding all contact with the parent, and they would make attempts to deny the parent does exist. If the child is forced to have contact with the parent, they will exhibit extreme hostility, disobey their orders, and be withdrawn.

In their attempt to ensure that have no contact with the parent, the child could perform deeds that would make the parent uncomfortable and unwilling to visit the child. Parental alienation is a major factor during divorce proceedings, but if discovered early it can be mitigated. During custody evaluations, a forensic psychologist can discover if a child has negative feelings towards any parent. For example, a child told a custody evaluator that he would like to kill his father while he is sleeping.

This demonstrates that the child harbors negative feelings about the father, and the evaluator should try to establish the reason. A forensic psychologist would be better placed to deal with such cases, and they can assist the child to let go of their emotional outrage. This would lead to the child having a better relationship with both parents. The parents should also be advised on how to interact and speak about each other in front of the children.

This would ensure that the child does not pick up any negativity from the parents that could result in parental alienation. Cases involving forensic psychologists Forensic psychologists will be called to intervene in divorce cases when the couple cannot reach to an amicable solution (Rodriguez-Dominguez & Carbonell, 2014). Divorce involves the separation of property and children. In most cases, it is quite easy to divide property and problems will only arise when the couple is determining custody of children and visitation rights.

A parent can fight for sole custody without visitation rights. This might seem harsh, but the parent could be justified if the other parent is surely an abusive and ill-equipped to raise a child. It is not easy for the courts to determine such claims or allegations, and this is where a forensic psychologist is required. There have been studies conducted to establish the effectiveness of forensic psychologists in divorce proceedings or determination of child custody.

Forensic psychologists have pointed out that they are rarely involved in divorce cases, and their services are sought upon only in dire situations. When a court requests for the services of a forensic psychologist, it has already determined that the case cannot be decided without psychological help. The recommendations made by the forensic psychologist are rarely challenged, and the couple will accept the outcomes. Forensic psychologist are mainly required when child custody is required.

The psychologist would have to analyze both parents and offer their expert opinion in regards to how the parents treat the child (Stahl & Martin, 2013). In cases where the psychologist is involved ample time should be given to ensure that they could conduct assessments without any rush. The assessments carried out are not predetermined by the court, but rather by the psychologist. Each case would require a different assessment, which means that the court should be made aware of the tests used and the outcomes of each test.

Studies have indicated that child custody cases determined by a forensic psychologist are more likely to succeed than those made by mutual agreement of the parents. This is because the forensic psychologist would analyze the different aspect before they determine child custody and visitation rights. The possibility of the parents interacting is higher in such scenarios, and the child would have a relationship with both parents. Once child custody has been decided, it is least likely that a couple would return to court to fight for custody again.

The forensic psychologist would have assessed the couple and determined that the best interests of the child would be handled or met by a specific parent. This does not mean that the decision is final. It just indicates how effective using a forensic psychologist to determine child custody would be to divorcing couples. It has been established that the voice of the child is rarely considered in divorce cases (Ballard, Rudd, Applegate, & Holtzworth-Munroe, 2013). The child would have to live with the parent who wins custody irrespective of their relationship.

In previous times, child custody would be left to the father automatically, and this was not good for tender children. The father would be ill-equipped to offer the love and care the child needed. It was this in mind that resulted in the analysis of both parents before custody is determined. This has proven effective and has allowed the child to be heard. The forensic psychologist would have sessions.