EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:

Timothy M. Tippins · Jeffrey P. Wittmann

128 citations0/0 files storedFamily Court Review

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Family and Matrimonial Law Legal processes and jurisprudence Child Welfare and Adoption

Abstract

This article proposes a four‐level model of clinical inferences to analyze the psychological evaluation process in custody matters. At each level the authors summarize the status of the relevant psychological literature and conclude that, as clinicians respond to the ultimate issues (e.g., who should be the custodial parent) the empirical foundation for such conclusions is tenuous or non‐existent. A jurisprudence argument is also made that such opinions should be routinely excluded from the fact‐finding process. Given the significant potential for specific custody recommendations to limit personal liberties and the trajectory of a child's life, the paucity of relevant research available in this area, and profound evidentiary issues, such recommendations should be viewed as ethically inappropriate. A model for what clinicians can ethically say to courts is proposed.

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References

2000“Ethical Principles of Psychologists and Code of Conduct”2002Ethical Principles of Psychologists and Code of Conduct.2001Psychological testing and psychological assessment: A review of evidence and issues.1974Beyond the Best Interests of the Child 2000Attachment and culture: Security in the United States and Japan.2003For Better or For Worse: Divorce Reconsidered 2002For Better or for Worse: Divorce Reconsidered 1996Children and Marital Conflict: The Impact of Family Dispute and Resolution

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2019Abusers gaining custody in family courts: A case series of over turned decisions 2016Parenting in Families of Low Socioeconomic Status: A Review with Implications for Child Welfare Practice 2006INTRODUCTION TO THE ASSOCIATION OF FAMILY AND CONCILIATION COURTS’MODEL STANDARDS OF PRACTICE FOR CHILD CUSTODY EVALUATION 2009CHILD CUSTODY EVALUATIONS: THE NEED FOR SYSTEMS‐LEVEL OUTCOME ASSESSMENTS*2009Improving the Quality of Parent-Child Contact in Separating Families with Infants and Young Children: Empirical Research Foundations

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