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Child Custody Analysis

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The division of assets in a divorce is riddled with conflict, the value often varies according to the assets relative worth to each of the parties. Although divorce is stressful enough, even more painful is the determination of custody as children are not assets and cannot be divided. During divorce, children have already been affected by the divorce, and could be further impacted by a custody battle. Attorneys and courts are in constant battle to determine which parent would be the better primary caregiver and custodial parent. The legal system and psychological associations have come up with many ways to evaluate and help the legal process with the determination of child custody. A Custody Evaluation, is a formal investigation that attempts …show more content…

The primary purpose of a child custody tests are to assess the individual and family attributes that affect the psychological interests of the child. The child’s interests and well-being are the most important factor of the child during a custody battle. The focus of the testing is on parenting, and the psychological and developmental needs of the child. While trying to decide what is in the best interests of the child, the psychologist will also assess the parenting abilities of the parent who is most likely to be chosen as the primary custodial …show more content…

During high-conflict divorces, the parties may not have the ability to work with each other, even for the good of the children. It is also seen in families where domestic violence has occurred, it may be necessary to seek the assistance of a child custody evaluator in the issue of custody arrangements. In these and other situations, the use of psychological testing assist the evaluator to attempt to determine and review the psychological make-up of the parties, their possible personality deficits, and their potential for distortion or outright lying. Psychological testing may also allow the evaluator to learn more about the parties' personality traits, how these traits can affect their parenting styles, as well as how they may impact upon interactions between the parents. This information becomes useful when the evaluator is called upon to make recommendations to the court with regard to custody, visitation, and assist in developing a general parenting plan for the

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Legal Custody Legal custody is granted to the parent who is legally charged with making decisions on behalf of the minor child. Educational decisions, healthcare choices, religious determinations, and cultural environments are all aspects of legal custody. In the majority of cases, parents are awarded joint legal custody so they can continue co-parenting the child in an equitable manner. In the state of Arizona, legal custody is now referred to as legal decision-making, which is an appropriate name change given the definition of legal custody.

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In Kendra Randall Jolivet’s study, “The Psychological Impact of Divorce on Children: What is a Family Lawyer to Do?” she reflects on the multiple perspectives on how the process of divorce affects children. Jolivet determines what the family’s law attorney can do to improve the outcomes for children, and anyone affected. This article’s main focus is on the many impacts divorce leaves on children. In the GordonPoll survey, the children they interviewed said that divorce changes their whole perspective on life.

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Understanding the internal structure of a family, the assessment must look at six different aspects of the internal family structure: family composition, gender, sexual orientation, rank order, subsystems, and boundaries (Wright & Leahey, 2013). Each different aspects contributes a piece to the internal structure of the family. Within the family composition, assessing the family unit or system, whether or not members are blood related, does the family contain children, the future commitment obligations (if any), and any caregiving functions to unit members (Wright & Leahey,

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The Family Law Act 1975 (Cth) is Australia’s primary piece of legislation in regards to consolidating a child’s best interest’s after a marriage breakdown has occurred. The act considers several overriding and additional factors in order to assure the best interests of the child are justly met. For separated parents, trying to figure out what time the child or children spend with each parent is a difficult task. The Family Law Act states “the best interests of the child” is to be the paramount consideration whilst in the process of constructing parenting orders. The Act requires the courts to have regard to promote the welfare of the child along with protecting the rights of the child.

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Custody is the process of taking a juvenile under police care because they broke the law, have a court order, a complaint has been filed, or they are being taken for their own protection. Detention is the where the juvenile is held once they are in police custody. Petition is the term used when a juvenile has charges filed against him or to keep them safe. A summonses is issued to the people who are involved or concerned with the case.

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No one has the right to verbally abuse you or your children, and that includes your spouse. If you have finally gotten fed up enough with this abuse that you want to leave your spouse and take your child with you, then you are making a great decision. However, if you simply flee the home and take your child with you, you will risk losing custody of your child in the end. Instead, follow these three steps to getting you and your child out of the abusive home quickly while still obeying all laws and improving your chances of obtaining full custody of your child after your divorce. 1.

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The child then becomes inadvertently trapped in the middle of the fiery feud between the parents, forcing the strain of the relationship directly onto the child’s shoulders. They are used as a sort of stepping stone to heighten to animosity between the dueling parents, especially in a custody battle.. The weight of the conflict being inflicted upon them can contribute to deleterious effects on children, which include, but are not limited to, anxiety, depression and the manifestation of physical sickness (2). In reality, divorce has the most serious effects on children involved but their issues are most commonly neglected (“How” 1). Due to parents consistently believing that their actions are always justified, they shrug off any of their child’s problems as their own doing (Direnfield 3).

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This essay is going to explore and compare two cases of parental alienation. Parental Alienation Syndrome (PAS) is defined as “programming ("brainwashing") of the child by one parent to denigrate the other” (http://richardagardner.com/ar22). PAS is often regarded as emotional child abuse by psychologists, but when successful, punishing the alienating parent can also affect the child. In the case A.M. v. C.H., a complete reversal of custody and suspension of contact with the alienating parent is awarded while, in Kudrocova v. Kronberger, the judge realized that the family’s lack of “willingness to engage in further therapy” (https://coadecisions.ontariocourts.ca/coa/coa/en/item/21140/index.do) made reconciliation an unlikely outcome, therefore, resulting in no change of custody. While both A.M. v. C.H. and

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Introduction Child support a system filled with large flaws and injustices. Each year thousands of fathers are having mistakenly identified as “deadbeat”. Most child support guidelines are based on a flat percentage of one parents income, and with disregard of the noncustodial parent availability to pay, in some cases if noncustodial parent remarries, the income of both (the noncustodial parent and his or hers new legal partner) is taken in consideration in child support calculations to decide the amount of child support. These flaws create a large strain on non-custodial parents who are trying to make ends meet, and provides incentive for custodial parents to not work, be vindictive, interfere with visitation and numerous other actions that

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I visited Family Court in Providence on October 13, 2015 during the afternoon. The morning prior, I called the Clerk’s Office in order to ensure that there would be at least one case for me to observe around 1:00 PM. Although the woman on the phone was somewhat rude and condescending, she assured me that this was an appropriate time to go. Unfortunately, when I arrived, I was informed that all courtrooms were on a recess for lunch and would not resume until 2:00. Slightly frustrated, I sat down on the fifth floor and kept busy until it was time to go inside.

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