scholarly journals Progress under the Uniform Child Custody Jurisdiction Act and Remaining Problems: Punitive Decrees, Joint Custody, and Excessive Modifications

1977 ◽  
Vol 65 (5) ◽  
pp. 978 ◽  
Author(s):  
Brigitte M. Bodenheimer
Keyword(s):  
Child Custody ◽  
Joint Custody

Joint Child Custody Counseling— Divorce 1980s Style

1983 ◽  
Vol 64 (9) ◽  
pp. 546-554
Author(s):  
Jane F. Charnas
Keyword(s):  
Child Custody ◽  
Joint Custody ◽  
Case Examples ◽  
Emotional Commitment

Joint custody is proposed as a viable and constructive arrangement subsequent to divorce. This article provides a model for counseling for it, capitalizing on parents' emotional commitment to their children. Case examples illustrate various patterns of joint custody.

Justice for Victims of Spouse Abuse in Divorce and Child Custody Cases

1993 ◽  
Vol 8 (1) ◽  
pp. 69-83 ◽  
Author(s):  
Mildred Daley Pagelow
Keyword(s):  
Child Custody ◽  
Spouse Abuse ◽  
Separation Process ◽  
Joint Custody ◽  
Restraining Orders ◽  
Extreme Violence

Unequal power positions and domination-subordination roles of battering husbands and battered wives during marriage contaminate the process of separation and divorce. These dynamics may continue long after the marriages cease. Risks of extreme violence, rape, and homicide are highest when victims seek freedom. Because both victims and abusers construct a veil of secrecy while married, even if abused wives disclose the violence during the separation process, there may be nothing to substantiate their claims. Restraining orders often fail to restrain obsessed husbands; other husbands may get revenge by using their children as pawns. Attitudes favoring fathers' rights and joint custody may help win unfair fmancial advantages, and/or continued control over victims after divorce. Mandatory mediation in some states may give abusers additional advantages. Although some of these problems are being addressed with mechanisms to ameliorate them, the need to recognize problems facing battered wives in divorce and custody contexts has not received adequate attention. The purpose of this article is to provide a review and commentary on these issues.

scholarly journals PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA

2021 ◽  
Vol 7 (1) ◽  
pp. 188-210
Author(s):  
Rika Saraswati ◽  
Emanuel Boputra ◽  
Yuni Kusniati
Keyword(s):  
Gender Equality ◽  
Child Custody ◽  
Qualitative Data ◽  
District Court ◽  
Court Decisions ◽  
Joint Custody ◽  
Best Interest ◽  
Sole Custody ◽  
Better Than ◽  
Parenting Plan

In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children.  Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody.  Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.

Child Custody Arrangements: A Study of two New Jersey Counties

1989 ◽  
Vol 17 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Diane Shrier ◽  
Sue K. Simring ◽  
Judith B. Greif ◽  
Edith T. Shapiro ◽  
Jacob J. Lindenthal
Keyword(s):  
New Jersey ◽  
Child Custody ◽  
Capita Income ◽  
Family Court ◽  
Joint Custody ◽  
Court Records ◽  
Current Prevalence ◽  
Legal Custody ◽  
Minor Children ◽  
Per Capita

The current prevalence of joint custody awarded in New Jersey, where joint custody is an option, was estimated through a review of 567 family court records covering 1985–87 from two New Jersey counties where divorce decrees involving minor children had been issued. A rate of 11% was found in the county that ranked among the lowest in per capita income and of 19.5% in the county that ranked most affluent in New Jersey–-significantly greater than the estimated 5% of joint custody awarded in New Jersey in 1978. However, in California, where a presumption for joint custody had existed, a study of two counties found that 58% of parents divorcing in 1985 sought joint custody. In both states the predominant mode of joint custody was joint legal custody with physical custody to the mother.

scholarly journals Joint Child Custody as a New Kindergarten Teachers’ Experience

2017 ◽  
Vol 7 (3) ◽  
pp. 99-110
Author(s):  
Jana Majerčíková
Keyword(s):  
Child Custody ◽  
Optimal Solution ◽  
Individual Case ◽  
Kindergarten Teachers ◽  
Point Of View ◽  
The Other ◽  
Joint Custody ◽  
The Czech Republic ◽  
Main Research ◽  
Children's Interests

Abstract Introduction: The possibility of joint child care after divorce in which parental responsibilities are distributed equally among parents has been implemented in the Czech Republic since 1998. Under certain circumstances, joint custody is considered to be the best solution with regard to further prospects of individual children and also their relationships with their divorcing parents. The solution of joint custody issues happens between parents and/or their family members. Lawyers, psychologists, doctors, and social workers adopt a legitimate attitude to each individual case. Primarily, psychologists provide empirical proofs of the beneficial effect of joint custody concept. In Czech conditions, teachers are the least heard group in this respect. Methods: A research was carried out in which we utilized the method of thematic writing. Twenty-seven written products, written by the kindergarten teachers were analyzed (the length ranged from 2000 to 2500 words). The content analysis was used with the research aim to reveal their point of view of the joint child custody concept and their experience with children in joint custody. Results: The teachers’ attitude to joint custody was negative, they more leaned towards the opinion that joint custody is not an optimal solution. They perceived the concept of joint custody as beneficial but, on the other hand, as problematic and hardly feasible by divorced people as they often remain in conflict. Based on their experience with children in joint custody, it is fully dependent on the ability of parents to agree on it and to fulfil their children’s interests together. However, these are not, according to the teachers, very often taken into consideration in joint custody. Discussion: In their reflections, kindergarten teachers confirmed the generally accepted controversial conclusions and experience related to primarily practical side of joint custody. They underlined the accepted opinion that it is always necessary to assess joint custody in its relations to a particular case and in respect to its inability to substitute normally functioning and complete families. Limitaitons: The main research limit concerns the choices of research sample and amount of material based on 27 written products. The first version of the report underwent a participant validation in order to reduce possible distortion during the interpretation of empirical data. Conclusions: The research results have the potential to introduce further valuable and pedagogical perspective into the discussion about joint custody issues. It can even serve as a stimulus to optimize the content of teacher education with the aim to encompass various elements of educational reality of current kindergarten.

Making Sense of the Best Interest of Children in Vulnerable Family Relationships

2013 ◽  
pp. 211-216
Author(s):  
Mutsuko Takahashi
Keyword(s):  
Family Relationships ◽  
Child Custody ◽  
Legal Reform ◽  
Joint Custody ◽  
Best Interest ◽  
Making Sense ◽  
Living Together ◽  
Custodial Parents

The aftermath of divorce or separation of a couple with children profoundly affects the lives of all those who used to live together as a family. In Japan the current legislation admits child custody for either of the parents at divorce, and it is usually mothers who become the custodial parents living together with child. Differently from many other societies the joint custody system has not been introduced to Japan, and some people (legal experts, researchers and activist citizens mainly of fathers’ rights movement) in Japan are activating the discussion about legal reform for introducing joint custody to Japan.

scholarly journals The Role of Custom in Managing Child Custody: A Juridico-Psychological Analysis in Local Context (Peranan Adat dalam Menguruskan Penjagaan Anak: Satu Analisis Psikologi-Fiqh dalam Konteks Tempatan)

2020 ◽  
Vol 17 (3) ◽  
pp. 134-149
Author(s):  
Mohd Abbas Abdul Razak ◽  
Sayed Sikandar Shah Haneef ◽  
Mek Wok Mahmud
Keyword(s):  
Child Custody ◽  
Current Practice ◽  
Psychological Needs ◽  
Local Context ◽  
Joint Custody ◽  
After Effects ◽  
Psychological Analysis ◽  
Research Findings ◽  
Keywords Child

Child custody is one of most important matters in managing the after effects of divorce as far as their impact on the child is concerned. Guided by the general principles of the Qur’an and Sunnah on parenting and parental role, classical jurists developed their own theory of managing such impacts in tandem with what was realistically working for their time and environment. With the changes in the pattern of parenting and traditional family structure in societies like Malaysia, it is suggested the fiqh of child custody has to be relevantised so as to result in minimizing debilitating after effects of parental separation on the children. The Current practice of mostly awarding the custody to the mother is not a full remedy, thus this study using juridico-psychological methods of analysis argues for finding juridical basis for joint-custody. Data related to the research were collected from print and internet sources. The textual and content-analysis methods were used in interpreting the relevant data. The research findings highlighted that the solution to the problem with regard to child custody should be in line with the modern psychological needs of the child so long it is within the parameters set by the Shariah and brings greater benefit to the child. Moreover, if both the parents of the child are Islamic in their orientation of thinking, a joint-custody will be more rewarding towards the child’s psychological needs and growth.  Keywords: Child custody, juridico, legal, joint custody, psychological.          Abstrak Penjagaan anak adalah salah satu perkara yang paling penting dalam mengatasi kesan perceraian terhadap anak. Berpandukan kepada prinsip-prinsip umum Al-Qur’an dan Sunnah mengenai peranan ibu bapa dalam penjagaan anak, para ahli hukum zaman silam telah menyarankan teori masing-masing ke arah pengurangan impak terhadap anak sesuai dengan zaman dan hal keadaan setempat pada masa itu. Dengan perubahan yang berlaku terhadap corak keibubapaan dan struktur keluarga dari tradisional ke moden seperti hal yang berlaku dalam kalangan masyarakat di Malaysia, disarankan fiqh mengenai hak penjagaan anak harus relevan sehingga dapat mengurangkan kesan pemisahan ibu bapa terhadap anak. Amalan semasa yang diguna pakai yang memberi hak keutamaan yang berlebihan kepada pihak ibu dalam penjagaan anak bukanlah suatu penyelesaian yang tuntas. Dengan menggunakan pendekatan juridico-psikologi (hukum dan kaedah psikologi), hasil kajian ini menunjukkan bahawa cara penyelesaian yang terbaik adalah dengan mengambil kira asas perundangan untuk memberi hak penjagaan bersama. Data yang berkaitan dengan kajian ini telah diperolehi dari sumber cetak dan internet. Kaedah analisis teks dan kandungan diguna pakai dalam menafsir data yang relevan dengan kajian ini. Hasil kajian ini menunjukkan bahawa penyelesaian untuk masalah berkenaan dengan hak penjagaan anak harus sesuai dengan keperluan psikologi moden anak itu selagi ianya tidak bertentangan dengan hukum Syariah dan membawa manfaat yang lebih besar kepada anak. Lebih-lebih lagi, jika kedua ibu bapa kanak-kanak itu Islamik dari segi orientasi berfikir, maka penjagaan bersama akan lebih bermanfaat terhadap keperluan dan pertumbuhan psikologi kanak-kanak tersebut. Kata Kunci: Penjagaan anak, perundangsn Fiqh, penjagaan bersama, psikologi.

MMPI-2 in Child Custody Litigation

2014 ◽  
Vol 30 (2) ◽  
pp. 110-116 ◽  
Author(s):  
Paolo Roma ◽  
Federica Ricci ◽  
Georgios D. Kotzalidis ◽  
Luigi Abbate ◽  
Anna Lubrano Lavadera ◽  
...  
Keyword(s):  
Child Custody ◽  
Minnesota Multiphasic Personality Inventory ◽  
Personality Inventory ◽  
Custody Evaluations ◽  
Self Presentation ◽  
Female Population ◽  
Clinical Scales ◽  
Forensic Assessments ◽  
Child Custody Evaluations ◽  
Italian Women

In recent years, several studies have addressed the issue of positive self-presentation bias in assessing parents involved in postdivorce child custody litigations. The Minnesota Multiphasic Personality Inventory-2 (MMPI-2) is widely used in forensic assessments and is able to evaluate positive self-presentation through its Superlative Self-Presentation S scale. We investigated the existence of a gender effect on positive self-presentation bias in an Italian sample of parents involved in court evaluation. Participants were 391 divorced parents who completed the full 567-item Minnesota Multiphasic Personality Inventory-2 during child custody evaluations ordered by several Italian courts between 2006 and 2010. Our analysis considered the S scale along with the basic clinical scales. North-American studies had shown no gender differences in child custody litigations. Differently, our results showed a significantly higher tendency toward “faking-good” profiles on the MMPI-2 among Italian women as compared to men and as compared to the normative Italian female population. Cultural and social factors could account for these differences.

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