Forensic Psych Exam 2- Ch 6: Family Law & other forms of Civil Litigation

family courts

family law; divorce, child custody/support, visitation rights, relocations, domestic violence, etc.

Probate courts (AKA surrogate's courts)

handle legal matters such as wills, decendents estates, trusts, conservatorships, & guardianships

Family courts

have the power to remove neglected & abused children from their homes & place them into temporary custody of the state (foster homes), & have the power to revoke parental rights permanently, finalize adoptions

family psychologists

give counseling/treatment to families, often during crisis

-some provide to legal system, most do not

expert witness

testify about assessments, research on relevant issues

evaluator

assess people- interviews, tests, observations, etc.

coach

offers support (NOT therapy) to parents & kids in custody hearings; education about court process

review expert

review/appraise work of other MHPs; give opinions about data/research cited

consultant

inform attorneys about research relevant to case; assist in trial strategy, develop questions for expert witness

mediator

help clients manage emotions; negotiate settlements to avoid trial

divorce patterns

~1/2 of all first marriages end in divorce w/in 15yrs

-divorce rate is ~40%

covenant marriage

passed in attempt to lower divorce rates by making divorce more difficult

-couple legally agrees to seek counseling if problems develop

only seek divorce for:

-adultery

-commission of a felony & sentence of imprisonment at hard labor or death

-abandonment by spouse for 1yr

-physical or sexual abuse of spouse or child

-spouses have lived separate & apart for 2yrs

Child custody evaluations (CCEs)

assessments made by MHPs to help judges make decisions in disputed custody situations

emotional problems or mental disorders in parents considered in CCEs

-anxiety

-depression

-bipolar disorder

-borderline personality disorder

-narcissistic personality disorder

-antisocial personality disorder

-alcohol/drug abuse

In order to remove a child permanently from their parents, required first is a termination of parental rights...

RARE: court finds parent(s) not fit to care for kids-abandonment, serious substance abuse, severe child abuse, etc.

Best Interest of the Child (BIC) Standard

parents' legal rights should be secondary to what is best for the child

Tender Years Doctrine

legal assumption- traditional belief that mother is parent best suited to care for kids of a "tender age"

Least Detrimental Alternative Standard

arrangement that would cause kid least amount of harm

-easier to screen-out parent that is the worst choice than pick which would be the best

approximation rule

judge looks at amount of caretaking done by each parent before making a decision on custody

-does not consider the child's changing developmental needs

Friendly-Parent Rule

preference given to parent most likely to nurture child's relationship w other parent, provided they are not abusive

6 "good parenting" categories:

1) insight- understanding one's role as a parent

2) willingness & ability- motivation/skills to provide adequately for basic needs of child

3) Day-to-day vs. Long-term needs- parent supports & encourages child to become an independent person long term

4) putting child's needs before ones own- sacrifice personal needs for overall welfare of child

5) fostering attachment- developing interactive attachment w child on ongoing basis

6) consistency & flexibility- consistency in healthy boundaries & limits for the child, flexibility signifying the ability of the parent to adapt to changing needs of the child

visitation risk assessments

evaluations on whether /how often kids should be allowed to visit noncustodial parents or others

parental relocation

-in some states, the parent must prove that the move is in the best interest of the child

-8-12y/o: better adjustments to move; better equipped to maintain long-distance relationship w other parent

-teens: strongly resist move due to strong ties to school, peers, athletic teams, clubs

legal parental authority

decisions regarding kids long-term welfare, education, medical care, religious upbringing- matter significantly affecting their life

physical parental authority

decisions affecting only kids daily activities- if they can stay over at a friends house, plat a sport, have access to the parents car