Criminal PsychologyCriminal Psychology

Chapter 9Chapter 9

Child Custody and Related Child Custody and Related DecisionsDecisions

TalbotTalbot

Kellogg Community CollegeKellogg Community College

Child Custody – “A thankless job”.Child Custody – “A thankless job”. Why?Why? ““It is my least favorite area.” Dr. Lenore It is my least favorite area.” Dr. Lenore

WalkerWalker ChildrenChildren EmbryosEmbryos High profile, high emotion cases.High profile, high emotion cases.

O.J. Simpson, 1996O.J. Simpson, 1996 Elian GonzalesElian Gonzales

The Roles of a PsychologistThe Roles of a Psychologist

Marriage Counselor Mediator Child Therapist Court Appointed Evaluator Expert Witness Applied Researcher

Marriage CounselorMarriage Counselor Definition: Definition: Marriage counseling is a type of Marriage counseling is a type of

psychotherapy for a married couple or established psychotherapy for a married couple or established partners that tries to resolve problems in the partners that tries to resolve problems in the relationship. Typically, two people attend counseling relationship. Typically, two people attend counseling sessions together to discuss specific issues.sessions together to discuss specific issues.

Goals:Goals: Identify issues related to marital problems.Identify issues related to marital problems. Improve communication and empathy skills.Improve communication and empathy skills. Decrease stressors affecting marital relationships.Decrease stressors affecting marital relationships. Encourage a successful marriage type.Encourage a successful marriage type.

Marriages

Successful Types Validating Volatile Avoidant

Unsuccessful Types Hostile Engaged Hostile Detached

Biggest Difference?

Marriage CounselorMarriage Counselor Definition: Definition: Marriage counseling is a type of psychotherapy Marriage counseling is a type of psychotherapy

for a married couple or established partners that tries to for a married couple or established partners that tries to resolve problems in the relationship. Typically, two people resolve problems in the relationship. Typically, two people attend counseling sessions together to discuss specific attend counseling sessions together to discuss specific issues.issues.

Goals:Goals: Identify issues related to marital problems.Identify issues related to marital problems. Improve communication.Improve communication. Decrease stressors.Decrease stressors. Encourage a successful marriage.Encourage a successful marriage.

Concerns:Concerns: 2 Types of Individuals seeking services.2 Types of Individuals seeking services. Outcome expectations.Outcome expectations. Testimony in court.Testimony in court.

Dual Relationships:Dual Relationships:

MediatorMediator Mediation: An alternative to litigationMediation: An alternative to litigation Definition: Mediation is facilitated negotiation, whose object is the consensual resolution of a Definition: Mediation is facilitated negotiation, whose object is the consensual resolution of a

dispute on terms that the parties themselves agree upon. It is a form of alternative dispute dispute on terms that the parties themselves agree upon. It is a form of alternative dispute resolution in which a neutral party (a mediator) selected by the parties seeks to determine the resolution in which a neutral party (a mediator) selected by the parties seeks to determine the interests of the parties, discover which of these interests may be shared, and alert them to a interests of the parties, discover which of these interests may be shared, and alert them to a resolution that may further those interests.resolution that may further those interests.

Benefits of Mediation:Benefits of Mediation: Less formal and less adversarial.Less formal and less adversarial. Private and confidential.Private and confidential. Typically express greater satisfaction with the outcomes.Typically express greater satisfaction with the outcomes. Cases get settled more quickly.Cases get settled more quickly.

Goal: Assist in attaining resolution between parties by addressing Goal: Assist in attaining resolution between parties by addressing differences, offering possible solutions and developing an differences, offering possible solutions and developing an agreement.agreement.

Problems?Problems? Advocate? Allow for victimization?Advocate? Allow for victimization?

Child TherapistChild Therapist Divorce as a traumatic event.Divorce as a traumatic event. Expectations following a divorce:Expectations following a divorce:

Change in parenting styles.Change in parenting styles. Behavioral issues.Behavioral issues. School difficulties.School difficulties. Relationship issues between the child and Relationship issues between the child and

parents.parents. Increased chance of adult divorce.Increased chance of adult divorce. Sleeper Effect (2/3Sleeper Effect (2/3rdsrds of women 19 – 23) of women 19 – 23)

Problems?Problems?

Court Appointed Evaluator

2 prong responsibility: Evaluate Recommend

Rarely utilized for this purpose: Why?

Often determined in the period of mediation or bargaining.

It is a decision based upon responsibility and moral guidance.

Psychologists often misrepresent themselves and their abilities in these areas.

Evaluation The psychologist must approach this task,

“unburdened by any particular point of view or preset conclusions.”

What can interfere with this charge? Characteristics:

Identification of issues and problems. Credible and well-reasoned (supported

conclusions). Fair and unbiased. A psychological report which avoids

psychological jargon. Contain clear recommendations for the court

based upon the data.

Recommendations

Legal custody – the right to make legal decisions for the child.

Physical custody – where the child resides on a day-to-day basis.

Sole custody v. Joint or Shared custody.

Divided custody

Expert Witness Stepping into the Lion’s Den. Problems of being hired by one side or the other. Problems with being court appointed evaluator.

The nature of the issues (i.e. custody) being evaluated. Prized possessions (18th century) Mother’s rights – Tender-years doctrine (Early 19th century) Best Interest of the Child (1970’s to present)

Custody Consideration The mental and physical health of all individuals. The child’s adjustment. The parent’s ability to provide food, clothing,

medication, etc… Parental lifestyle and subsequent ability to interact and

interrelate. The wishes of the parents and children.

Steps in the evaluative process

Other areas of contention or debateOther areas of contention or debate

1.1. Custody for a mixed race couple.Custody for a mixed race couple.2.2. Custody for children of parents with physical or mental Custody for children of parents with physical or mental

health problems.health problems.3.3. Custody issues involving parents who have alternate Custody issues involving parents who have alternate

sexual orientations.sexual orientations.4.4. Custody issues concerning conflicts between the Custody issues concerning conflicts between the

requests of the child and the recommendations of requests of the child and the recommendations of professionals.professionals.

5.5. The presence of criminal records.The presence of criminal records.6.6. The consideration of cultural and religious beliefs.The consideration of cultural and religious beliefs.7.7. The use of psychological tests and measures (MMPI – 2)The use of psychological tests and measures (MMPI – 2)

1.1. Parenting satisfaction scaleParenting satisfaction scale2.2. Parenting stress indexParenting stress index3.3. Parent child relationship indexParent child relationship index4.4. WAISWAIS

Ethical Issues and Temptations

Recognizing limits and biases Avoiding dual relationships Informed consent

Confidentiality Custody Evaluation v. Psychological

Evaluation C.E. – assist the trier of fact in the determination

of what is in the best interest of the child. P.E. – identify and determine the presence of any

diagnosable condition, or symptoms of mental illness or defect.

Applied Researcher

1. Address or answer questions posed by the triers of fact which concern issues of psychology and human behavior.

2. Comment on available research as it pertains to the court’s questions without application to the current case.

What do the clients want? The children

The family fixed. What do they get?

Objective evaluation of their best interest.

The parents To win. What do they get?

A fair and unbiased evaluation.

The judge An understanding of the situation or specific

psychological considerations and principles. They may ask too much or even encourage dual

relationships