Child custody after divorce essay

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Child custody after divorce essay

Reaching a Custody Agreement

Child custody in divorce proceedings Essay: Child custody in divorce proceedings 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.

Although the battery of child custody evaluations were developed to help simplify the decision, some believe that this process may have further complicated it.

In addition to the questions of objectivity raised about the tests themselves, there are the questions raised about the individuals who evaluate them. Child custody evaluations have progressed tremendously over the last 10 years.

The development and use of psychological evaluations for both children and parents is becoming more of the norm.

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During a custody evaluation, the evaluator may use multiple avenues to complete their reports. These results come from testing, evaluations and interviews. The evaluator can choose to interview friends and other family members if they feel that those individuals may be unbiased, fair and reasonable.

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 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 parent.

There are multiple tests available to help in child custody evaluations. This test will not tell the evaluator who the better parent will be, but rather identifies psychological disorders and evaluate cognitive functioning. Along with the MMPI-2, evaluators may also use a variety of other tests and assessments.

The TAT or Thematic Apperception Test may also be used and asks the respondent to describe what they see when viewing 31 black and white drawings of people, the responses are supposed to reveal personality traits.

This test was designed specifically for custody cases and evaluations.

Child custody after divorce essay

It is the most widely used testing unit across the 50 United States. The test is made up of 64 questions for the child about the parents; it also includes a picture-drawing by the child of the family, each parent and the child.

The child will also complete a story about how the family resolves disputes and also offers questions for the adults parents to complete. As with anything good, there is also the bad or a risk. To reply upon psychological tests not designed for use in the context of child custody evaluations, makes these tests subject to misinterpretation and can be deemed unreliable.

How to Get Full Custody of Children After a Divorce | LegalZoom Legal Info

It may also be possible for one to misuse and misunderstand the test results, and to predict future behaviors. Many of the parties are good people forced to function in a stressful set of circumstances while suffering from emotional turmoil.

Within this context, psychological testing may not be structured to consider these issues, and thus cannot distinguish between deep-seated psychological issues and psychological problems arising from the situation.

Child custody evaluations may be necessary to assist with the unwillingness, or inability of the parties during the issue of custody. 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 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.

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 parties. Along with psychological testing, the custody evaluation will also include individual interviews with the children as long as they do not create a stressful situation for the child.

The evaluation will include how the child spends time with each parent, what the child likes and dislikes about each parent, the kinds of activities the parent and child engage in together, and how discipline is administered. The evaluator should not try to obtain a preference, as to who the child wants to be the primary parent, unless the child is old enough to make this decision or give an unsolicited response without emotional or possibly psychological consequences.

During the interview process the evaluator may choose to do a home visit if they feel it necessary.Divorce and child custody research paper.

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Child custody after divorce essay

Perhaps the most contentious issue in the finalization of a divorce is the matter of who gains custody of the children, and the attendant visitation rights for the one to whom custody has not been granted. If the dad is served ex parte custody orders along with the divorce papers, he may take custody of the kids only at the times specified in the order.

For example, if the order states the dad has the children every other weekend, that is the only time he is entitled to take custody of them.

New Jersey Divorce Lawyer - NJ Family Law Attorney - Edward R. Weinstein