Attorney Sue Cousineau brought up a longitudinal study done in California that studied the effects of divorce on children, but did not examine the question of Shared Custody. But Dr. Robert Horowitz pointed out that there was no control group the study to show if factors observed were also present in intact families as well.
Attorney Sharon Dornfeld inquired about whether there was any research regarding shared custody and its effect on children. Dr. Horowitz stated that Joan Kelly has the most information regarding such research. Attorney Sue Cousineau added that she would email Joan Kelly and see if Ms. Kelly can provide more information.
Attorney Sharon Dornfeld inquired about whether there was any research regarding shared custody and its effect on children. Dr. Horowitz stated that Joan Kelly has the most information regarding such research. Attorney Sue Cousineau added that she would email Joan Kelly and see if Ms. Kelly can provide more information.
Dr. Robert Horowitz pointed out that there are variations of custody rules in various states and he was interested if there have been studies of how kids are doing in any of the states. He also stated that the terms are not defined consistently from state to state--in one the term is shared custody while in another it would be shared parenting.
Mr. John DiTunno asked whether there are characteristics in a shared custody situation which would lead children to flourish.
Dr. Stephen Humphrey responded that ideally both parents would do as follows:
- facilitate the relationship with the other parent.
- minimize direct conflict in front of the children
- act in such a way that is both firm and loving
- allow the other parent to parent independently in their own homes
- maintain good communication with one another
The important point is that the parents spend quality time with the children and provide nourishing and engaging involvement.
Dr. Elizabeth Thayer said the problem is that there are not sufficient studies because these custody issues didn't arise until the early 90s.
Dr. Robert Horowitz stated that high conflict of any kind is the problem whether there is sole custody of shared study. Also, no study shows that it is a good idea to exclude a parent. Attorney Sue Cousineau stated that any recommendations should state this finding.
Ms. Jennifer Veraneault asked how Dr. Stephen Humphrey felt about shared parenting time. Dr. Humphrey felt that giving 50-50 parenting time to a couple in which one parent even considers a 65-35 split unfair would not work because there would be an ongoing battle. So for Dr. Humphrey the concept of 50-50 parenting time isn't a good one to start with.
Dr. Elizabeth Thayer asked what factors are important to look at when it comes to parental access?
Dr. Stephen Humphrey responded that he considers the following factors of significant importance:
- how is each adult functioning
- the nature of the relationship between parent and child
- support systems between the families
- children's thoughts and wishes
- geographical considerations
- clinical factors (psych issues, drug abuse, etc.)
- degree of openness and willingness to promote communication between parents
- child's perspective, what does it mean to be the child in the context of this family
Judge Tom Weissmuller asked what happens when both parents are presumed fit and there are no allegations of abuse. Dr. Humphrey said that he does not assume or presume anything. Dr. Humphrey was asked whether he pushes for reunification in child dependency cases. He responded that he does what he considers is in the best interest of the children. If the child can live safely with the parent and there is no risk to the child, definitely works for reunification. However, in substance abuse cases there are problems. However, despite what he recommends, CPS has its own rules.
Judge Weissmuller asked why should a parent spend $400,000 in a divorce case only to find out what they knew before that, i.e. that neither parent is an abuser. Dr. Humphrey responded that the judicial system is a high conflict environment so that is why it happens. Weissmuller asked, parents are full of fear and with so many attorneys and mental health professionals involved, this can only enhance their fear. Shouldn't parents be told from the getgo that they will not lose their time with their kids?
Dr. Humphrey responded that such an approach has significant merit assuming early interventions are good. Mr. DiTunno stated that there is also family services available. (Of course, these services are only provided to a privileged group which frequently doesn't include those cases that end up fully contested, as we all know!)
Dr. Humphrey responded that such an approach has significant merit assuming early interventions are good. Mr. DiTunno stated that there is also family services available. (Of course, these services are only provided to a privileged group which frequently doesn't include those cases that end up fully contested, as we all know!)
Attorney Sharon Dornfeld followed up on Attorney Sue Cousineau's question on shared custody and shared parenting distinctions. Humphrey talked about percentages and said you need a certain quantity of time with children, but it really comes down to quality time with the kids. Dr. Robert Horowitz then remarked that there are a wide variety of arrangements in typical intact families. Kids figure out how to get the most from the parent they are with. Nonetheless, kids with only one parent have a tougher time of it than those with two.
Judge Tom Weissmuller asked about parallel parenting. He also wondered about court orders crafted to have some policing like using emails or family wizard. Dr. Stephen Humphrey said this is a situation where parents can't co-parent. It is an adaptive solution when two parents can't decide who will have primary custody. Each parent does separate parenting with the children. Attorney Sharon Dornfeld felt that this kind of extreme parallel parenting can hurt.
Dr. Robert Horowitz stated that Connecticut has a presumption of joint legal custody, but no presumption of shared time. Some states require frequent contact. Are there any studies on this? Dr. Humphrey said not that he is aware of.
46b-56 has language which provide the child with continued contact with both parents commensurate with their ability. Attorney Sharon Dornfeld stated that in 46b-56a joint custody language is already there, but it does not define the amount of time parents can have with their children. Mr. John DiTunno stated that each parent has a different perspective on the issue.
(To be continued...)
No comments:
Post a Comment