Complex Issues in Child Custody Evaluations

by Stahl, Philip Michael

• ISBN13: 9780761910992
• ISBN10: 0761910999
• Format: Hardcover
• Copyright: 1999-05-01
• Publisher: Sage Pubns

Summary

"This text is excellent and very timely. Philip Michael Stahl's second volume is the perfect supplement to his Conducting Child Custody Evaluations because it deals with specific issues of great concern to evaluators: parental alienation, allegations of sexual abuse, domestic violence, move-away situations, and high conflict families. The chapter dealing with child considerations is also very well done. His discussion of developmental considerations is clear and supported by the latest research in the field. I also liked his treatment of children's reaction to parental conflict, weighing the needs of the individual child with the needs of the sibling group, and giving the child a voice while protecting their privacy. I also appreciated his discussion of components of the evaluator's recommendation, use of psychological testing, Rosemary Vasquez's discussion of cultural issues, tackling the terror of testifying and ethical issues. Phil Stahl has written a very important text. It is timely, well written, and comprehensive. Nice work!!!" --Hugh McIsaac, Oregon Family Institute When performing a custody evaluation, how do professionals deal with the issue of domestic violence? What impact does one parent's moving away have on the evaluation? How should an evaluator handle high-conflict divorces? Over the past five to ten years, there has been a significant increase in the use of child custody evaluations by the courts. At the same time, the issues have become more complex and difficult. In this book, the author provides a theoretical and practical understanding of many of the factors that make custody evaluations complex. A key component is the integration of disparate research findings into a comprehensive resource that will enable the evaluator and the court to understand these complex issues. A second component is to provide a thorough understanding of the fact that divorce brings with it a set of complex needs, and evaluators and the courts must develop a paradigm for weighing these needs in a comprehensive manner. This book provides that paradigm.

Table of Contents

Acknowledgments	ix
Introduction	xi
PART I	1	(92)
Alienation and Alignment of Children	1	(24)
What Is Parental Alienation?	2	(2)
Mild Cases of Parental Alienation	3	(1)
Moderate Cases of Parental Alienation	3	(1)
Severe Cases of Parental Alienation	4	(1)
Review of the Literature	4	(4)
The Evaluation Process	8	(7)
The Alienating Parent	8	(2)
The Alienated Parent	10	(2)
The Children	12	(2)
Other Reasons for Alignment With One Parent: What to Look for in the Children	14	(1)
Summary and Recommendations	15	(4)
When Alienation Is Present	15	(2)
When the Child Is Aligned and Alienation Is Not Present	17	(1)
Parentectomies: Do They Help?	18	(1)
Case Example: The D Family	19	(6)
Domestic Violence	25	(18)
Approaching the Family's Domestic Violence Issues	26	(5)
Categories of Domestic Violence	28	(3)
Issues in Differential Diagnosis	31	(5)
History of the Family's Domestic Violence	31	(2)
Specific Questions to Ask Parents	33	(1)
The Children in These Families	34	(2)
An Objective Range of Access and Treatment Recommendations	36	(4)
Access Issues	37	(1)
Therapeutic and Structural Interventions	38	(2)
Case Example: The V Family	40	(3)
Allegations of Sexual Abuse	43	(26)
Theresa M. Schuman
Background and Review of the Literature	44	(2)
Common Scenarios in the Presentation of False Allegations	46	(2)
Parent Factors Associated With False Allegations	48	(3)
Other Parent Factors in the Allegations of Sex Abuse	51	(1)
Child Factors in the Allegations	51	(5)
Approach to the Investigation: Evaluation	56	(6)
Parent-Child Observation Sessions	62	(2)
Interpreting and Reporting the Results	64	(3)
Visitation Recommendations	67	(1)
Reunification Therapy	68	(1)
Conclusions	68	(1)
Move-Away Evaluations	69	(24)
Review of the Literature	69	(4)
Societal Issues	73	(1)
Issues for the Courts	74	(3)
Factors for the Evaluator to Consider	77	(7)
Child and Family Issues	78	(4)
Move-Related Issues	82	(2)
Case Example: The S Family	84	(2)
Case Example: The B Family	86	(3)
Case Example: The L Family	89	(4)
PART II	93	(46)
Issues With High-Conflict Families	93	(16)
The Nature of Personality Disturbances	94	(2)
Neutral Decision Making (Special Master)	96	(3)
Parallel Parenting	99	(1)
Structured Recommendations	100	(2)
Case Example: The G Family	102	(3)
Case Example: The K Family	105	(4)
Child Considerations in Custody Recommendations	109	(18)
A Developmental Framework	109	(10)
Infants and Toddlers (0-3 Years)	110	(2)
Preschoolers (3-5 Years)	112	(2)
School-Age children (6-12 Years)	114	(3)
Adolescents (13-17 Years)	117	(2)
Children's Reactions to Parental Conflict	119	(1)
Giving Children a Voice Versus Protecting Their Privacy	120	(2)
Weighting the Needs of a Single Chile Against the Needs of the Sibling Group	122	(2)
Balancing the Individual Child's Real Needs With the Ideal	124	(3)
The Components of the Evaluator's Recommendations	127	(12)
Custody, Time-Share, and Parenting Responsibility	130	(2)
Therapeutic Interventions	132	(2)
Alternative Dispute Resolution for the Parents	134	(1)
Directing Families to Move Forward	135	(1)
Dissemination of the Report	136	(3)
PART III	139	(54)
Use of Psychological Testing in Custody Evaluations	139	(14)
Review of the Literature	140	(2)
Traditional Psychological Tests	142	(6)
Objective Personality Tests	142	(1)
Projective Personality Tests	143	(1)
Tests Designed Specifically for Custody Evaluations	144	(1)
Parenting Inventories	145	(2)
Tests for Children	147	(1)
Benefits of Using Tests	148	(1)
Risks in Using Tests	148	(2)
A Balanced Approach	150	(3)
Cultural Issues in Evaluations	153	(16)
Rosemary Vasquez
The Literature	153	(3)
Acculturation Continuum	156	(2)
Ethnic Identity and Adaptation	158	(1)
Cultural Factors in Evaluation	159	(4)
Cultural Issues	163	(1)
Case Example: A Hispanic Family	164	(2)
Case Example: A Chinese Family	166	(1)
Conclusions	167	(2)
Tackling the Terror of Testifying	169	(12)
Attorney Roles	170	(2)
Preparing for the Testimony	172	(1)
Testifying Procedures	173	(2)
Stick to the Data	175	(2)
Dealing With Hypotheticals	177	(1)
Remain Professional	177	(1)
Trick Questions	178	(1)
Dos and Don'ts for Testifying in Court	179	(2)
Ethical Issues	181	(12)
Confidentiality of Sources	182	(1)
Abusive Clients	183	(1)
Second Opinions	184	(1)
Privilege	185	(2)
Ex Parte Communications	187	(1)
Dual Relationships	188	(3)
``Perfect World''	191	(2)
Conclusions	193	(2)
References	195	(8)
Name Index	203	(3)
Subject Index	206	(9)
About the Author	215	(1)
About the Contributors	216