Child custody + parenting Flashcards
What was the finding in Palmore v. Sidotti?
Biracial custody case. SCOTUS rejected the argument bc of a lack of psychological evidence to support the lower court’s assumption that the child would be damaged from a biracial relationship.
What are some roles psychologists take in child custody disputes?
Evaluator, mediator/intervenor. Be careful with dual roles here. Mediation is not always beneficial.
What document did the APA produce for child custody cases?
Guidelines for Child Custody Evaluations in Family Law Proceedings. (also ref Association of Family and Conciliation Courts’ Model Standards of Practice for Child Custody Eval)
Instead of custody, use terms like parenting plan, parenting time, or parental rights and responsibilities.
Focus on assessing functional skills and values of parents and their match to the child’s needs.
What is the “tender years” standard?
When it switched from paternal focus to mom as the de facto custodian in the 19th c; from birth to 7yo, it’s BIOC for kid to be with mom. Back then, moms stayed at home, and Freud focused on mom-child rel, so this drove some of the emphasis. The women’s mvmt helped to mitigate this bias toward mom, arguing that dad-child rel is important.
What is the BIOC standard?
Best interests of the child. In 1960s, researchers began to pay attention to dad’s role in child dvpt. Amorphous def, depends on court weighing factors they believe to be important in any given case. Some states have case law.
What was the finding in Painter v. Bannister?
BIOC. Court ruled in favor of the grandparents v. hippie fboy dad.
What is the Uniform Marriage and Divorce Act?
Consider:
- wishes of the parents
- those of the kid
- interaction of the kid with the parents, siblings, and other peeps who may affect the child’s best interest
- child’s adjustment to home, school, and community
- the mental and physical health of all individuals involved.
What is the “least detrimental alternative” approach?
Not adopted formally. Look for most fit parent (psychological parent). If they are equally fit, it’s a toss up. UNdesirable approach because it’s all-or-nothing custody decision.
What is the “primary caregiver” standard?
Similar to “tender years,” and more objective than the least detrimental alt approach, because it argues that kids do their best when their established attachments are preserved. More easily proven than the psychological parent approach.
Consider: preparing and planning of meals, bathing and grooming, purchasing and cleaning of clothes, arranging social interaction, putting child to bed at night, disciplining, education. However, just bc one parent takes on most of these roles, doesn’t mean the behaviors are responsible for the development of a relationship.
What is the “approximation standard”?
Used in Virginia. Custody and visitation are determined by the approximate amount of time each caregiver spent with/caring for the child prior to the proceedings.
ALI proposed this approximation rule in 2002.
What was the finding in Lawrence v. TX (2003)?
SCOTUS struck down discrimination and criminalization of homosexual conduct. This included matters relating to family issues, thereby making custody decisions based on sexual orientation questionable like race-based decisions in Palmore v. Sidoti. To ensure custody rights for a nonbiological, same-sex partner, it behooves that individual to formally adopt the child to ensure parental custody rights.
What is the Uniform Deployed Parents Custody and Visitation Act?
Bars consideration of deployment and relocation in deciding BIOC. Make things easier regarding custody and visitation for military personnel.
What is the Indian Child Welfare Act?
It gives tribal courts exclusive jurisdiction over cases involving kids that reside on or are domiciled on reservations or who are wards of the tribe.
What was the finding in Troxel v. Granville?
If both parents are unfit, nonparents can get custody… however, grandparents get special consideration and say about visitation privileges (the custodial parent can still get say in terms of visitation).
How long does it take on average for emotional turmoil to stabilize after a divorce or separation?
1 year.
- However, continued adjustment issues can persist 5 years later, esp for boys.
- The kid’s resiliency is a big factor, as is stability of new arrangements, and amount of support in the home environment.
- Preschoolers were most traumatized at first, but minimally impacted 10 years later
- Teenagers are likely to disengaged, but if monitored it could be protective. Otherwise can resulting deviant bx.
- Depends on amount of conflict in separation.
- Depends on degree to which you can keep the noncustodial parent in the loop, and poverty that may result from divorce.
- Might do better when kept with siblings.
