Journal articles on the topic 'Custody of children'
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Dayal, Ashok. "Problem of Divorce and Custody of Children in Manju Kapur's Custody." International Journal of Science and Research (IJSR) 12, no. 3 (March 5, 2023): 1459–60. http://dx.doi.org/10.21275/mr23324173059.
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Hensley, Nathan K. "Introduction." Victorian Literature and Culture 48, no. 2 (2020): 391–405. http://dx.doi.org/10.1017/s1060150320000066.
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“We saw no issues,” reports the Department of Homeland Security in a self-study of its practices for detaining children at the US–Mexico border, “except one unsanitary bathroom.” The system is working as it should; all is well. “CBP [Customs and Border Protection] facilities we visited,” the report summarizes, “appeared to be operating in compliance with the 2015 National Standards on Transport, Escort, Detention, and Search.” A footnote on page 2 of the September 2018 document defines the prisoners at these facilities, the “unaccompanied alien children,” as “aliens under the age of eighteen with no lawful immigration status in the United States and without a parent or legal guardian in the United States ‘available’ to care and [provide] physical custody for them.” Available is in scare quotes. This tic of punctuation discloses to us that the parents of these children have been arrested and removed. They are not available, and cannot take physical custody of their children, because they themselves are in physical custody. In a further typographical error, the word “provide” has been omitted: the children are without a parent or legal guardian in the United States “available” to care and physical custody for them. The dropped word turns “physical custody” into a verb and sets this new action, to physical custody, in tense relation to “care.”
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Lando, Giorge Andre, and Bruno Leonardo Pereira Lima Silva. "Joint custody or alternating custody." Revista de Direito 15, no. 02 (September 11, 2023): 01–28. http://dx.doi.org/10.32361/2023150216564.
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This article discusses about joint custody or alternating custody and the doubt about the doctrine that became mandatory. This research aims to answer the following problem: Does Law No. 13,058/2014 regulate the Mandatory Joint Custody or the Mandatory Alternating Custody? In order to introduce the problem, we aim to compare the features of joint custody and alternating custody, with the enactment of Brazilian Law No. 13,058/2014. We also aim to present the importance of the principle of the best interests of the child, to study the dimension of the family power, andto highlight the concepts and features of joint custody compared to the alternating custody in order to, finally, analyze the kind of guard that was regulated by Brazilian Law No. 13,058/2014. This is a theoretical research, based on the legal work of relevant authors in this field. Moreover, in this paper, we also address topics such as the parents' relationship with their children, family power, and custody and its types.
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Triana Pérez, Beatriz, and Esther Martínez Crespo. "EL MODELO DE CUSTODIA PREFERIDO POR DIFERENTES GENERACIONES." International Journal of Developmental and Educational Psychology. Revista INFAD de Psicología. 2, no. 1 (September 18, 2016): 457. http://dx.doi.org/10.17060/ijodaep.2014.n1.v2.461.
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Abstract:PREFERRED CUSTODY MODEL ACCORDING DIFFERENT GENERATIONSMany Spanish families face family break-ups every year. When a couple who are divorcing have children, it is necessary to decide on custodial arrangements. Usually, custody is awarded to mothers, but joint custody is beginning to be used among Spanish society. The change towards this kind of custody is rather slow. Thus, the main objective of this study has been to analyze, in an exploratory way, which type of custody the participants from three different generations consider most appropriate. Moreover, participants’ believes about the similarities and differences between mothers’ and fathers’ capabilities for raising their children were explored. A sample of 144 subjects (adolescents, young people and adults), from both sexes, participated in the study, answering a semi-structured interview. Results show an increasing acceptance of co-parenting, but it is dependent on certain circumstances such as the capacity and desire for involvement that each parent shows towards their children. These data lead to an important reflection on the need for higher social changes in the distribution of parental roles.Key-words: sole custody, joint custody, different generations, parental roles.Resumen:Numerosas familias españolas se enfrentan cada año a la ruptura familiar. Cuando la pareja que se separa tiene hijos, es necesario decidir el tipo de custodia. Normalmente, la custodia suele recaer en las madres, pero la custodia compartida empieza a ser una realidad en la sociedad española. El cambio hacia este tipo de custodia es lento. Por ello, el objetivo de este estudio ha sido analizar, de forma exploratoria, qué tipo de custodia consideran más adecuada los participantes de tres generaciones. Además, se exploraron las creencias de los participantes acerca de las similitudes y diferencias entre las capacidades de padres y madres para cuidar y educar a los hijos. En el estudio participó una muestra de 144 sujetos (adolescentes, jóvenes y adultos), de ambos sexos, a quienes se les realizó una entrevista semiestructurada. Los resultados muestran un incremento en la aceptación de la custodia compartida, pero condicionada a determinadas circunstancias, entre las que destaca la capacidad y deseos de implicación que muestre cada progenitor con sus hijos. Estos datos conllevan una importante reflexión sobre la necesidad de mayores cambios sociales en el reparto de roles parentales.Palabras clave: custodia exclusiva, custodia compartida, diferentes generaciones, roles parentales
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Hynan, Daniel J. "INTERVIEWING CHILDREN IN CUSTODY EVALUATIONS." Family Court Review 36, no. 4 (March 16, 2005): 466–78. http://dx.doi.org/10.1111/j.174-1617.1998.tb01091.x.
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STEWART, GILL, and DAVID SMITH. "HELP FOR CHILDREN IN CUSTODY." British Journal of Criminology 27, no. 3 (1987): 302–10. http://dx.doi.org/10.1093/oxfordjournals.bjc.a047678.
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Bochenek, Michael, and Fernando Delgado. "Children in custody in Brazil." Lancet 367, no. 9511 (February 2006): 696–97. http://dx.doi.org/10.1016/s0140-6736(06)68271-8.
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Anna, Dudak. "ALTERNATING CUSTODY AS SEEN BY FATHERS CLAIMING CUSTODY OF THEIR CHILDREN." Human Studies: a collection of scientific articles of the Drohobych Ivan Franko State Pedagogical University. Series of “Pedagogy” 4/36 (April 26, 2017): 105–17. http://dx.doi.org/10.24919/2313-2094.4/36.98575.
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Turunen, Jani, and Curt Hagquist. "Child-perceived parental support and knowledge in shared physical custody and other living arrangements for children." Journal of Family Research 35 (January 11, 2023): 145–61. http://dx.doi.org/10.20377/jfr-703.
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Objective: The aim of this paper is to develop an understanding of how child-perceived parental support and knowledge among children in Sweden differ across ten forms of residential arrangement. Background: Shared physical custody has become an increasingly common arrangement for children in separated families in many European countries. In an international comparison, Sweden has a high rate of parental union dissolution but also the highest prevalence of shared physical custody arrangements following divorce or separation. Over a third of all children with divorced or separated parents spend an equal amount of time living in both parental households. Method: We used data from the Swedish HBSC survey from 2013/14, which are focused on children in grades 5, 7 and 9 in the Swedish comprehensive school system (n=7360) and used perceived parental support and perceived parental knowledge scales as dependent variables in multiple ordered logistic regressions conducted separately by the sex of the parent. Results: The results show that children in shared physical custody report higher levels of parental support and knowledge than children in sole physical custody and equally high as those who live in a two-parent family. Children living in non-symmetrical physical custody arrangements report lower levels of paternal support and knowledge than children whose parents share physical custody equally. Maternal support and knowledge does not differ between children living in symmetrical and non-symmetrical shared physical custody arrangements, whereas paternal support and knowledge is lower in families where the child lives in an unequal residential sharing arrangement with the mother as the main co-residential parent. Conclusion: Post-divorce living arrangements are clearly associated with the relationship between parents and children, with children in shared physical custody reporting stronger relationships than children in sole physical custody. The cross-sectional nature of the data prevents us from drawing conclusions on causality, however.
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Bastaits, Kim, and Inge Pasteels. "Is joint physical custody in the best interests of the child? Parent–child relationships and custodial arrangements." Journal of Social and Personal Relationships 36, no. 11-12 (March 31, 2019): 3752–72. http://dx.doi.org/10.1177/0265407519838071.
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When thinking about custodial arrangements after a divorce, there has been a shift from sole custody (mainly by mothers) to joint physical custody after a divorce. In certain countries, joint physical custody has even become the primary, legal custodial arrangement. Joint physical custody, whether implemented in legislation or not, is believed to be in the best interests of the child, as children can shape a postdivorce relationship with both their mother and father. Nevertheless, many studies on joint physical custody focus only on child outcomes. This study aims to investigate (1) whether custodial arrangements matter in addition to the parental divorce for parent–child relationships and (2) whether joint physical custody provides a better framework for parent–child relationships than sole custody arrangements. The study adds to the existing literature by including both the mother–child relationship and the father–child relationship. Moreover, joint physical custody is not only compared to sole maternal custody, but also to sole paternal custody. Using a dyadic subsample of Belgian parents and children from the Divorce in Flanders data set ( N = 623), we compare two indicators of the parent–child relationship (parent–child communication and parenting) for children with married parents, with children in joint physical custody, sole maternal custody, and sole paternal custody. The results indicate that (1) the custodial arrangements after divorce affect parent–child relationships, in addition to the divorce, with regard to both open and problematic father–child communications and the support and control of children by mothers and fathers; and (2) joint physical custody, compared with sole custody (either by the mother or father), provides a better framework to shape a postdivorce parent–child relationship with both parents in terms of open communications and support.
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Kaplan, Lori, Charles B. Hennon, and Linda Ade-Ridder. "Splitting Custody of Children between Parents: Impact on the Sibling System." Families in Society: The Journal of Contemporary Social Services 74, no. 3 (March 1993): 131–44. http://dx.doi.org/10.1177/104438949307400301.
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Splitting custody of children between parents after divorce is one form of custody. The authors review this custody decision and its potential effect on the sibling system across the lifespan. The arrangement is analyzed by means of family-systems theory. Because split custody may be harmful to the sibling bond, the potential benefits must be weighed against costs in each case before entering into this custody arrangement.
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Worrall, Jill. "Grandparent Custody of Children at Risk." Journal of Intergenerational Relationships 5, no. 3 (October 29, 2007): 127–30. http://dx.doi.org/10.1300/j194v05n03_14.
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Flory, Barbara E., and Maria Berg-Weger. "Children of High-Conflict Custody Disputes." Social Thought 22, no. 2-3 (March 2003): 205–19. http://dx.doi.org/10.1300/j131v22n02_14.
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Hollingsworth, Kathryn. "Securing responsibility, achieving parity? The legal support for children leaving custody." Legal Studies 33, no. 1 (March 2013): 22–45. http://dx.doi.org/10.1111/j.1748-121x.2012.00233.x.
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This paper examines the legal support available to incarcerated children when they leave custody. It argues that the current support provided to custody-leavers – which includes both ‘resettlement’ (provided by youth justice agencies) and duties owed to some custody-leavers under Pt III of the Children Act 1989 – may achieve criminal justice aims (such as preventing re-offending) but does not adequately protect the status and rights that all custody-leavers have qua child. When the child leaves custody her primary status is child, not offender, and therefore it is argued here that she should be entitled to the same legal rights as analogous groups of children; namely, care-leavers. It is suggested that the reason why care-leavers and custody-leavers are comparable groups to whom parity in legal rights should be accorded is because the four types of responsibility that underpin the state's obligations to care-leavers (reparatory, assumed, generational and equity-based) apply equally to custody-leavers.
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Rofiq, Muhammad Khoirur. "PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)." Journal of Islamic Studies and Humanities 6, no. 2 (October 28, 2021): 97–110. http://dx.doi.org/10.21580/jish.v6i2.8171.
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Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.
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Pradinata, Clara Agustin, Jeydhen Kazuo, and Ivana Kurniawan. "The Urgency of Child Custody of Divorce Victims in the Perspective of Customary Law in accordance with the Civil Code." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 876–87. http://dx.doi.org/10.57235/qistina.v2i2.825.
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Divorce is the legal breaking of the marriage bond between husband and wife. Divorce can cause child custody issues. The purpose of this study is to discuss the position of children in marriage and child custody as a result of divorce from the perspective of customary law according to the Civil Code. This research method is normative juridical, with data search techniques through literature review of books, legal sources and relevant scientific journals. The results explain that the position of children in marriage is divided into legitimate and illegitimate children. Determining child custody is an important thing to do after a divorce to avoid disputes. Laws on marriage, divorce and child custody are contained in Law No. 1 of 1974 Chapter XI, KHI Chapter XV and the religious courts contained in Law no. 50 of 2009. According to Law No. 1. of 1974 the responsibility of caring for children is the responsibility of both parents as long as the child is under 18 years of age and the parents' rights are not revoked, and according to KHI children under 12 years of custody fall on the mother but when they become adults they can choose custody. According to the Civil Code, the court has the authority to decide whether one of the parents becomes the owner of custody by considering the child's needs and child protection. Article 230 states that parents who are unable to exercise their custody rights have a permanent obligation to provide maintenance. Whereas customary law in determining child custody takes into account kinship, the child can be the custody of the father or mother, but when he becomes an adult he returns to customary custody, but when he is young custody falls on the mother and the father is still obliged to provide for the child until he is an adult.
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Gu, Yi, and Guang Ming Zhang. "Analysis on Children Custody Decision Making Model." Applied Mechanics and Materials 380-384 (August 2013): 1247–55. http://dx.doi.org/10.4028/www.scientific.net/amm.380-384.1247.
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Children custody disputes are complicated for many judges owing to so many dynamic factors should to be considered. This paper proposes a novel model for legal expert system Based on LVQ Neural Network. Firstly, all clauses and discretionary factors, extracted from theories and judicial practice, involved with custody disputes in divorce were quantified to obtain related set elements. Then the LVQ neural network was applied to construct a model for children custody disputes weight vector analysis on the set elements. Ultimately, the weight vector close to decision boundaries between classes could promote the classification performance. Accordingly, the performance of the LVQ by generating weight vectors close to decision boundaries is higher. By testing, custody disputes legal expert system could consider all relevant circumstances from a good all-around point of view and effectively.
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Wulandari, Oksyta. "PEMELIHARAAN HUBUNGAN ANTARA ORANGTUA YANG BERCERAI DAN ANAK (STUDI KUALITATIF DESKRIPTIF KOMUNIKASI ANTARPRIBADI ANTARA ORANGTUA YANG MEMILIKI HAK ASUH DENGAN ANAKNYA)." Komuniti: Jurnal Komunikasi dan Teknologi Informasi 8, no. 1 (January 3, 2017): 3. http://dx.doi.org/10.23917/komuniti.v8i1.2928.
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Family is the smallest social unit in the society. Family also has an important role in the personal development in a child. However, today divorce rate in Indonesia has increased and divorce will harm people involved, including children. Divorce triggers weakens relationship between parent and children. In relational maintenance there are several behaviors used to maintain relational maintenance between parent and children. So the researcher was interested to know relational maintenance behaviours between divorced parents who had custody of their children with their children. In this study the researcher used qualitative research method and purposive sampling as the sampling technique. The informants were: divorced man or woman who has custody of their child and the man or woman’s child. Three people were from each group were interviewed, totaling in 6 informants. The method to test data validity has source triangulation method by comparing interview and observation result from all data sources, and only selecting consistant data which has then used as data. The result of this showed that the applications of relational maintenance behaviours between parent who had custody of their children with their children consisted of several types,including positivity, openness and routine talk,assurances, task and sharing, supportiveness,joint activities, humor, and constructive conflict management. However not all relational maintenance behaviors do by divorced parents who had custody of their children with their children. Some relational maintenance behaviors performed by divorced parents who had custody of their children with their children were: positivity, supportiveness, joint activities, humor, and constructive conflict management. Meanwhile, relational maintenance behaviors that is not performed by divorced parents who had custody of their children with their childrenwere: openness and routine talk and task and sharing that based on the lack of frequency of face-to-face between parents and children. Generally, relational maintenance performed by parent who had custody of their children with their children.
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Kamarudin @ Abdul Shukor, Akbar. "Child Custody after Divorce Laws in Malaysia: Muslim Parents and Children Perspective." Journal of Contemporary Islamic Studies 8, no. 2 (November 1, 2022): 11–35. http://dx.doi.org/10.24191/jcis.v8i2.2.
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Child custody after divorce laws in Malaysia advocates sole custody as the main practice. Sole custody means the child will live with a parent and have contact with the other parent through access. The parent living with the child will also have parental responsibility. Social studies have suggested that sole custody generates problems that affect the best interests of the child. Some problems are lack of contact and the child being deprived of maintenance. Other countries have undergone legal reforms to better the situation through joint custody. Joint custody advocates sharing the child's residence and parental responsibility. Therefore, this article examines the experiences the selected Muslim parents and children faced regarding child custody. The experiences concern the legal process of divorce, child custody, the residence of the child and access, parental responsibility, and parental relationships. An important finding is the general recognition of joint custody by the Shari'ah courts, the parents, and the children. However, the recognition must be in line with the best interests of the child.
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Sanjaya, Umar Haris. "KEADILAN HUKUM PADA PERTIMBANGAN HAKIM DALAM MEMUTUS HAK ASUH ANAK." Yuridika 30, no. 2 (August 23, 2017): 352. http://dx.doi.org/10.20473/ydk.v30i2.4653.
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This reseach is focused on the making argument to looking justice progress of verdict. The justice progress which is mean is justice on the law of procedure. Law of justice is need to implemented by judge into the case as well as regulated in the Act. This research using context of problems as how the judges giving arguments of law into his verdict on the case of children custody and will continue with review it those verdict as well as law and justice consideration. Research result found three judges verdicts which are related with children custody on 2010. Those verdicts give a one of legal basic for three different consideration of verdict. 1st children custody give under mother, 2nd children custody give under father, 3rd children custody give to parents, its becaus of each party did not request specifically for children custody. For the conclusion overall judges use the law logic in the term of correct as well as legal basis. Its comply all of justice value to making verdict. Thus the justice which apply by judges is procedure justice eventhough those different in decision making.
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Triyono, Nur, and Asmuni Asmuni. "The Implementing Joint Custody Post Divorce In Indonesia: a Philosophical Viewpoint." De Jure: Jurnal Hukum dan Syar'iah 15, no. 2 (December 29, 2023): 313–29. http://dx.doi.org/10.18860/j-fsh.v15i2.24370.
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Child custody encompasses parental rights and responsibilities for raising and nurturing their children. In Indonesia, child custody often triggers disputes, especially in divorce cases. This research seeks to present a fresh perspective by examining the deconstruction of joint custody within the context of child guardianship. This study, focusing on legal aspects, employs a comparative approach to deconstruction concepts, drawing from Jacques Derrida's radical deconstruction and Thaha Abdurrahman's ethical deconstruction. The analysis aims to unearth possibilities and offer recommendations for implementing Joint Custody in Indonesia, particularly regarding post-divorce parental custody regulations. Both deconstruction concepts challenge the conventional maternal role in child custody, especially for children under 12. Embracing this deconstruction opens the door to considering joint custody as a new norm in Indonesia. Joint custody is no longer just a concept; empowering judges to consider it based on court proceedings is the fastest route to its adoption in the child's best interest.
Keywords: joint custody; post-divorce; child custody.
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Arditti, Joyce A., and Debra Madden-Derdich. "Joint and Sole Custody Mothers: Implications for Research and Practice." Families in Society: The Journal of Contemporary Social Services 78, no. 1 (February 1997): 36–45. http://dx.doi.org/10.1606/1044-3894.735.
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The authors evaluated the ability of a conceptual model encompassing variables related to parenting, father involvement, and mother's resources to predict custody type for divorced mothers. Findings revealed that parenting stress, coparental relationship quality, custody satisfaction, and age of children in the house hold were predictive of custody type. Results indicated that mothers with joint custody re ported lower levels of parenting stress, better coparental relations, and had older children than did solecustody mothers. Of particular interest was the finding that higher levels of custody satisfaction were associated with solecustody status. The psychological meanings parents attach to legal custody status are explored along with how the organizational properties of custody status might differ for mothers and fathers. Implications for clinical practice are discussed.
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Morales-Alvarado, Jorge Fernando, and Karina Dayana Cárdenas-Paredes. "Assessment of the evidence against the fixation of tenure." Revista Metropolitana de Ciencias Aplicadas 7, Suplemento 1 (February 1, 2024): 136–48. http://dx.doi.org/10.62452/1n641276.
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In Ecuador, when the parents of a minor divorce or separate, they have to define first and foremost what will happen to their children, where they will live, and who they will live with. By tradition and custom, it has always been the mother who retains custody of the children or adolescents. However, conflicts arise between couples or ex-couples with children in common, taking into account that, in Ecuador, single-parent custody is the one that is in force and recognized within the internal regulations. Therefore, it can be seen that parents cannot always obtain custody of their children. The objective of this article is to analyze the evaluation of the evidence within the processes of establishing the possession of a child or adolescent and the implications that these have in terms of the evaluation of the evidence, the purpose of which is to ensure the best interest. of the child. For this, the synthetic analytical research method is used to identify the types of evidence that must be presented in possession trials and the assessment that judges must give to each of the means of proof. This research is carried out with a qualitative approach.
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Canarslan, Gokce. "Education of special children within the scope of custody rights in the Turkish civil code." International Journal of Special Education and Information Technologies 9, no. 1 (November 15, 2023): 27–35. http://dx.doi.org/10.18844/jeset.v9i1.9187.
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The education of the child is both a right and an obligation for the mother and father who have the right of custody. For this reason, when exercising parental authority, the best interests of the child should be prioritized. Provisions regarding the education of children are regulated in the second book of the Turkish Civil Code titled Family Law, in the sixth section titled Custody under the second subsection titled Kinship. This study aims to discuss the education of special children within the scope of custody rights according to the Turkish civil code. The legislation has introduced a clear regulation to ensure that the educational rights of children with special education needs are not violated, even by the parents who have custody rights. The Turkish Civil Code reveals that when parents exercise their right of custody, which is both a right and an obligation, they must take into account the principle of protecting the interests of the children, and that the care and education of the children must be carried out with the decision taken in the light of this principle. Keywords: Custody; education; family union; special child; special education; Turkish civil code
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Cameron, Paul. "Homosexual Parents in British Custody Appeals." Psychological Reports 92, no. 2 (April 2003): 379–86. http://dx.doi.org/10.2466/pr0.2003.92.2.379.
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6 British child custody appeal cases including a homosexual parent were compared with 6 randomly drawn appeal cases between heterosexual parents for parental and mental instability, partners' instability, residential instability, criminality, and lying, and having harmed the children and exposing children to harms. In 3 of the 6 cases the homosexual or his associates were recorded as engaging in criminality, in another 2 cases with lying. In one of the 6 homosexual cases the children were recorded as harmed. The 9 recorded harms or probable harms to children in cases involving a homosexual parent were attributed to the homosexual or her associates; children were recorded as harmed and exposed to the harm of neglect in one of the 6 comparison cases.
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Bogdanova, E. E. "Procedural Status of Children Protective Services in Court Disputes Concerning Upbringing of Children." Lex Russica, no. 2 (February 1, 2019): 41–47. http://dx.doi.org/10.17803/1729-5920.2019.147.2.041-047.
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The article highlights that when disputes concerning upbringing of children are being dealt with by the courts, custody and guardianship authorities may act both as a procedural claimant and as a state authority competent to give an opinion on the merits of the dispute. In cases provided for by law, custody and guardianship authorities are entitled to perform the functions of a jurisdictional body, as well as to participate in proceedings as a defendant.
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Cole, W. A., and J. M. Bradford. "Abduction during Custody and Access Disputes*." Canadian Journal of Psychiatry 37, no. 4 (May 1992): 264–66. http://dx.doi.org/10.1177/070674379203700410.
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In recent years abductions during divorce custody and access disputes have received greater attention from both the lay and medical press. However, little has been written on the psychopathology of the abductors or the impact on children of being kidnapped by a parent. In this study 20 cases of abduction, involving 20 parents and 37 children, were examined after the children had been located and returned to the custodial parent. Characteristics of the abduction and psychopathology seen in the children are compared to those of a control population. The outcome of assessments conducted by the family court clinic after the abductions are profiled.
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Collins-Camargo, Crystal, Jessica Strolin-Goltzman, A. Nathan Verbist, Alison Krompf, and Becky F. Antle. "Structured well-being assessments in public child welfare: Observations across two states." Developmental Child Welfare 3, no. 2 (May 5, 2021): 100–118. http://dx.doi.org/10.1177/25161032211004605.
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Children entering custody within the child welfare system have been found to have high levels of trauma and significant behavioral health needs. In this paper, authors demonstrate how a structured functional well-being assessment can be used with the custody population to promote an understanding of behavioral health needs, inform case planning, and measure functional improvement over time. Specifically, this paper will: (a) briefly describe how two states implemented a common standardized assessment of functioning to inform case planning and measure well-being progress of children in the custody of a public child welfare system (b) examine what this common assessment tool reveals about the strengths and needs of children entering custody across two sites and (c) describe the magnitude of change in functional improvement measured across 6 months. This paper will contribute to the existing knowledge by sharing possible themes in functioning related to children entering custody while examining changes in functioning over time. Implications for practice, policy, and future research will be discussed.
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Fidler, Barbara J., Elisabeth Saunders, Elaine Freedman, and Eric Hood. "Joint Custody: Historical, Legal, and Clinical Perspectives with Emphasis on the Situation in Canada." Canadian Journal of Psychiatry 34, no. 6 (August 1989): 561–68. http://dx.doi.org/10.1177/070674378903400614.
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The search for ways to mitigate the effects of family breakdown on parents and children includes legislative and clinical efforts which to some extent influence each other. In the past year much public interest has been aroused in Canada, and particularly in Ontario, in the issue of legislative changes which would make joint custody the usual or “preferred” legal disposition of custody cases. This paper provides a discussion of the legislated preference, or “rebut-table presumption” of joint custody from a historical, legal and clinical point of view. Definition and elaboration of what joint custody is from the legal and practical perspectives is provided with an emphasis on Canadian laws and practice. The legal rights of the non-custodial parent are explained, and relevant case law is highlighted. The relationship between joint custody, support orders and relitigation rates are elaborated. Following this is a critical overview of the empirical research on joint custody as it relates to the adjustment of children and parent satisfaction is included. It is concluded that while there is little question that shared parenting can be beneficial to children, the enthusiasm of legislators for joint custody has not been supported by empirical data. It is necessary to examine under what circumstances and for which kinds of parents and children joint custody might be beneficial since it is unlikely that one solution will fit the needs of all families and all stages of family life.
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Nazemi, Mahdi, and Abbas Ali Salehi. "Investigating the Custody in Shiite Jurisprudence and Civil Rights in France." Journal of Politics and Law 9, no. 7 (August 30, 2016): 230. http://dx.doi.org/10.5539/jpl.v9n7p230.
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Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.
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Fidler, B. J., and E. B. Saunders. "Children's Adjustment during Custody/Access Disputes: Relation to Custody Arrangement, Gender and Age of Child." Canadian Journal of Psychiatry 33, no. 6 (August 1988): 517–23. http://dx.doi.org/10.1177/070674378803300614.
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The adjustment of preschool and latency age children, at the time of a custody/access dispute between their parents, was studied in relation to the children's age, sex and whether they were living with a parent of the same or the opposite-sex. Few adjustment problems were noted; however, older children and boys were more vulnerable. Sex of custodial parent did not predict children's adjustment.
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Ellis, Walter L. "Parental Custody Negotiations and Health Insurance Access for Children." Families in Society: The Journal of Contemporary Social Services 84, no. 2 (April 2003): 223–28. http://dx.doi.org/10.1606/1044-3894.94.
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Family practitioners who provide divorce education programs should be aware that a child in a sole-custody household (especially one headed by the father) is highly likely to lack insurance coverage for access to health care services for healthy development. Examining 543 divorce records in New Hampshire, the author analyzed coverage across divergent family types following custody negotiations and found that a child in a sole-custody household was at higher risk for lacking coverage than was one in a shared-custody household. These results were confirmed by a chi-square test and logical regression statistical analysis. In a multivariate analysis, the author found that teenagers, children whose parents earned high incomes, and those with working mothers were likely to be covered, although the likelihood was lower in the case of daughters.
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Whiteside, Mary F. "CUSTODY FOR CHILDREN AGE 5 AND YOUNGER." Family Court Review 36, no. 4 (March 16, 2005): 479–502. http://dx.doi.org/10.1111/j.174-1617.1998.tb01092.x.
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Hagen, Jan L., and George Hoshino. "Joint Custody of Children and AFDC Eligibility." Social Service Review 59, no. 4 (December 1985): 636–46. http://dx.doi.org/10.1086/644336.
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Garriga, Anna, and Laura Bernardi. "Custody arrangements and social inequalities among children." Revue des politiques sociales et familiales 131, no. 1 (2019): 203–17. http://dx.doi.org/10.3406/caf.2019.3360.
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Wolman, Richard, and Keith Taylor. "Psychological effects of custody disputes on children." Behavioral Sciences & the Law 9, no. 4 (1991): 399–417. http://dx.doi.org/10.1002/bsl.2370090405.
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Wicaksana, Agus Arief, Sri Astutik, Wahyu Prawesthi, and Hartoyo. "LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE." Awang Long Law Review 6, no. 2 (May 27, 2024): 411–16. http://dx.doi.org/10.56301/awl.v6i2.1165.
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The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.
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Bergström, Malin, Emma Fransson, Michael B. Wells, Lennart Köhler, and Anders Hjern. "Children with two homes: Psychological problems in relation to living arrangements in Nordic 2- to 9-year-olds." Scandinavian Journal of Public Health 47, no. 2 (April 12, 2018): 137–45. http://dx.doi.org/10.1177/1403494818769173.
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Aim: Joint physical custody, children spending equal time in each parents’ respective home after a parental divorce, is particularly common in Nordic compared with other Western countries. Older children have been shown to fare well in this practice but for young children there are few existing studies. The aim of this paper is to study psychological problems in 2- to 9-year-old Nordic children in different family forms. Methods: Total symptom score according to the Strengths and Difficulties Questionnaire as well as scores showing externalizing problems were compared among 152 children in joint physical custody, 303 in single care and 3207 in nuclear families through multiple linear regression analyses. Results: Children in single care had more psychological symptoms than those in joint physical custody (B = 1.08; 95% CI 0.48 to 1.67) and those in nuclear families had the least reported symptoms (B = −0.53; 95% CI −0.89 to −0.17). Externalizing problems were also lower in nuclear families (B = −0.28, 95% CI −0.52 to −0.04) compared with joint physical custody after adjusting for covariates. Conclusions: Young children with non-cohabiting parents suffered from more psychological problems than those in intact families. Children in joint physical custody had a lower total problem score than those in single care after adjusting for covariates. Longitudinal studies with information on family factors before the separation are needed to inform policy of young children’s post-separation living arrangements.
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Bhavatharini, K. P., and Ms Dr Anita Albert. "The Disruption Of Family In Manju Kapur’s Custody." Think India 22, no. 3 (September 13, 2019): 880–85. http://dx.doi.org/10.26643/think-india.v22i3.8408.
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Manju Kapur exposes the disparity and how modernity plays a major role in our society and also the hollowness modern life through her novel Custody. The present paper deals with the key aspects of custody, like extra marital affair, exploration of children and the law system of India. Manju Kapur has published five novels and all her novels dealt with postmodern era, which became sensational in the literary world. She talks about the life of people in Metropolitan cities and how it changes the attitude of theirs and makes them to be victims of modernity through her novel Custody. She manages to disclose the atmosphere which revolves around the family and how it destroys their peace. Here the author portrays how her female protagonist goes to an extent to fulfill her need even breaking her marital relationship with her husband and lack of concern with her children. She portrays the unimaginable incident of broken marriage and illustrates how it causes their children to yearning for their custody from their parents. The children are mentally affected because of the conflict between their egoistic parents to take back their custody only to win the battle not having the real concern over the future of their children. The author manages to create an excellent atmosphere that reveals the various disasters roaming around the family. The future of the children is also hazard. This novel proves that Manju Kapur is a great curator of the modern Indian family.
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Hindle, Debbie. "Surviving a Contested Custody Case." Adoption & Fostering 18, no. 3 (October 1994): 25–29. http://dx.doi.org/10.1177/030857599401800306.
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The Children Act emphasises the best interests of the child as paramount, yet there can be real dilemmas about how this should be determined. Debbie Hindle illustrates some of the dilemmas which emerged in the case of Jamie.
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Alibaba, Arzu, and Emine Kocano Rodoslu. "The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law." Sustainability 12, no. 5 (March 7, 2020): 2060. http://dx.doi.org/10.3390/su12052060.
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Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.
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Paquette, Erin Talati, and Lou Vinarcsik. "Pediatric Decision-Making for Children in State Custody." Perspectives in Biology and Medicine 67, no. 2 (March 2024): 290–304. http://dx.doi.org/10.1353/pbm.2024.a929024.
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ABSTRACT: In summer 2022, six points of consensus emerged from a symposium addressing the question, “In the context of U.S. pediatric care, what moral precepts ought to guide parents and clinicians in medical decision making for children?” (Salter et al. 2023). The authors of this statement wrote, however, that the points of consensus may require modification or may not apply in their entirety to children in state custody. This article addresses the consensus recommendations in the context of the thousands of children removed annually from the custody of their parents. While the consensus statements developed at the symposium provide a good starting point for decision-making in the context of these children, some alterations and nuance must be applied to attend to the specific needs of this population. The article works through what special considerations and changes ought to be made to expand the reach of the original points of consensus without neglecting the particular conditions of children in state custody, as well as their parents and caregivers.
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Jaffe-Geffner, Nina. "Gender Bias in Cross-Allegation Domestic Violence-Parental Alienation Custody Cases: Can States Legislate the Fix?" Columbia Journal of Gender and Law 42, no. 1 (February 28, 2022): 56–107. http://dx.doi.org/10.52214/cjgl.v42i1.9373.
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“Parental Alienation Syndrome” (PAS), developed by Dr. Richard Gardner in 1985, posits that a frequent dynamic in child custody disputes involves vengeful mothers falsely convincing their children that they have been sexually abused by their fathers. Although PAS is widely discredited and courts have ruled it inadmissible, new formulations of the theory, such as Parental Alienation (PA), continue to play a dominant role in custody proceedings. Proponents of PA assign the label to a broad range of custody cases in which children favor one parent and reject the other. However, despite the seemingly more gender-neutral framing of PA, empirical research shows that courts use PA to discredit mothers’ allegations of domestic violence and abuse and justify custody switches away from the mother. This Note analyzes the gender bias in family courts’ handling of custody cases involving cross-allegations of domestic violence and PA, and then proposes four legislative provisions aimed at reducing the effects of such bias in custody proceedings.
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Naslah, Asima, Rohmad Adi Yulianto, and Moh Zakky. "Penerapan Pemberian Hak Asuh Anak Belum Mumayyiz kepada Ayah dalam (Studi Kasus Perkara Nomor 2887/Pdt.G/2017/Pa Js)." Jurnal Hukum Jurisdictie 3, no. 1 (June 2, 2021): 1–24. http://dx.doi.org/10.34005/jhj.v3i1.37.
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This study entitled the application of mumayyiz (maintaining and educating children to adults or able to stand alone) child custody rights to fathers. The formulation of the problem in this study are: (1) How is the arrangement of custody of children to children not yet mumayyiz in the Islamic Law Compilation? (2) Does the Compilation of Islamic Law also regulate the granting of unmumayyiz child custody to the father after the divorce? (3) How is the application of the provision of child custody rights to the father in case Number 2887 / Pdt.G / 2017 / PA JS? This research method is Normative Law. legal research is a method that examines document studies, namely using various data such as court decisions, legal theory, legislation and the opinions of scholars in the research location. Data were analyzed using descriptive analysis method. The results of the study show that the regulation and legal basis regarding granting custody of children is not yet mumayyiz to the father which is a marriage bond between a man and a woman, but on the way to fostering a household it has broken based on the Court's decision in 2015, from the divorce has given birth. two children who are not yet mumayyiz. The occurrence of a lawsuit for child custody has not yet been filed with the Court. Where the main point of the dispute between the Plaintiff and Defendant is regarding child custody based on the provisions of Article 49 paragraph (2) number 11 of Law Number 7 of 1989, as amended by Law Number 3 of 2006 and Law Number 50 Years 2009 jo. Article 156 letter e Compilation of Islamic Law, this case is the absolute competence of the religious court. Previously the Panel of Judges had attempted to reconcile the Plaintiff and Defendant, as well as the mediation process was carried out, but it was unsuccessful, and the parties had two witnesses who gave testimony during the process. the trial which has a proof value is independent (vrij bewijs kracht). From the hadil of the research, the stages of handling cases of child custody have not been mumayyiz which decided that the child custody falls to the father to guarantee a sense of security, peace.
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Ivanova, Nelli. "Contractual regulation of custody and guardianship of minor children in modern Russia." Current Issues of the State and Law, no. 13 (2020): 101–10. http://dx.doi.org/10.20310/2587-9340-2020-4-13-101-110.
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This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of the foster family contract and foster care contract is examined. We substantiate the position that the custody (guardianship) contract, having certain features, has a mixed legal nature. We emphasize that guardianship and custody contracts have elements of both civil law contracts and family law contracts. We analyze the legal nature of remuneration to custodians and guardians. It is concluded that the contractual regulation of custody and guardianship provides the opportunity for more flexible legal regulation of relations on the transfer of a child to a family, allows you to accommodate the interests of both wards children and custodians (guardians).
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Seeman, Mary V. "Intervention to Prevent Child Custody Loss in Mothers with Schizophrenia." Schizophrenia Research and Treatment 2012 (2012): 1–6. http://dx.doi.org/10.1155/2012/796763.
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Depending on jurisdiction, time period studied, and specifics of the population, approximately 50 percent of mothers who suffer from schizophrenia lose custody of their children. The aim of this paper is to recommend interventions aimed at preventing unnecessary custody loss. This paper reviews the social work, nursing, psychology, psychiatry, and law literature on mental illness and custody loss, 2000–2011. Recommendations to mothers are to (a) ensure family health (b) prevent psychotic relapse, (c) prepare in advance for crisis, (d) document daily parenting activities, (e) take advantage of available parenting resources, and f) become knowledgeable about legal issues that pertain to mental health and custody. From a policy perspective, child protection and adult mental health agencies need to dissolve administrative barriers and collaborate. Access to appropriate services will help mothers with schizophrenia to care appropriately for their children and allow these children to grow and develop within their family and community.
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Carlsund, Åsa, Kennet Asplund, Eva Sellström, and Ulrika Eriksson. "Swedish Parent’s Experiences of Joint Physical Custody." Open Family Studies Journal 6, no. 1 (September 11, 2014): 1–7. http://dx.doi.org/10.2174/1874922401406010001.
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Aim: This study’s aim was to learn more about parent experiences, when living in joint physical custody with their children. Methods: The study design was descriptive, using a qualitative approach. Interviews were conducted with 28 parents who lived in joint physical custody with their children. Content was analysed using inductive content analysis. Results: Participants with joint custody reported many positive experiences, and a similar process of adapting to the new living- arrangement. Results indicate that shortly after the separation parents were mainly occupied with emotional reactions to the new family situation. After two to three years, or in some cases longer, things seemed to settle down and the participants became more accustomed to the arrangements. Conclusion: This qualitative study provides insights into parents’ experiences of living in joint physical custody with their children. Many positive experiences and a similar process of adapting to the new arrangement were revealed. In the initial period, the parents seemed mainly to have been occupied with emotional reactions to the new family situation.
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Coleman, Marilyn, Lawrence H. Ganong, Timothy S. Killian, and Annette Kusgen McDaniel. "Mom's House? Dad's House? Attitudes toward Physical Custody Changes." Families in Society: The Journal of Contemporary Social Services 79, no. 2 (April 1998): 112–22. http://dx.doi.org/10.1606/1044-3894.1821.
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Normative beliefs regarding postdivorce changes in the physical custody of children were examined. Four hundred and eighty randomly selected adults responded to a vignette about a divorced couple and their 16-year-old child. Conditions in the vignette included child gender, legal custody arrangements, and marital status. Quantitative and open-ended data were collected. Several themes emerged: (a) the parenting ability and lifestyle of fathers are suspect, (b) fathers are more obligated to sons than to daughters, (c) mothers are more obligated than fathers to take their children in when the children want to move, and (d) children's motivations for changing residences are important considerations. Implications for future research and legal custody decisions are discussed.
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Hjern, Anders, Stine Kjaer Urhoj, Emma Fransson, and Malin Bergström. "Mental Health in Schoolchildren in Joint Physical Custody: A Longitudinal Study." Children 8, no. 6 (June 4, 2021): 473. http://dx.doi.org/10.3390/children8060473.
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This study investigated mental health in schoolchildren in different living arrangements after parental separation. The study population included 31,519 children from the Danish National Birth Cohort, followed-up at age 11 in 2010–2014. Child mental health was measured with a maternal report of the Strength and Difficulties Questionnaire (SDQ). Associations between living arrangements and mental health were analyzed using logistic and linear regression models, taking into account early childhood indicators of the parents’ relations, income, education and psychiatric care. At age 11, children living in a nuclear family had the lowest rate of total SDQ score, 8.9%. Of the children who had experienced parental separation, children in joint physical custody had the lowest adjusted odds ratio (OR)1.25 (95%-CI 1.09–1.44), for a high SDQ score relative to children living in a nuclear family, with adjusted ORs of 1.63 (1.42–1.86) and OR 1.72 (1.52–1.95) for sole physical custody arrangements with and without a new partner. An analysis of change in SDQ scores between ages 7 and 11 in children showed a similar pattern. This study indicates that joint physical custody is associated with slightly more favorable mental health in schoolchildren after parental separation than sole physical custody arrangements.
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Townsend, Michelle. "Educational outcomes of children on guardianship or custody orders: A pilot study: Australian Institute of Health and Welfare." Children Australia 32, no. 3 (2007): 4–5. http://dx.doi.org/10.1017/s1035077200011603.
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The Australian Institute of Health and Welfare (AIHW) has recently released a report on the educational outcomes for children and young people on guardianship or custody orders. This report, four years in the making, represents one of the first comprehensive Australian assessments based on educational performance data from multiple jurisdictions for children on guardianship or custody orders. Developed for the National Child Protection and Support Services data group, the study was funded by the Community and Disability Services Ministers’ Advisory Council (AIHW 2007).This pilot study examines how children on guardianship/custody orders are performing compared with all Australian children in education department-based testing for reading and numeracy in years 3, 5 and 7. Mean test scores were examined in addition to the achievement of national benchmarks for reading and numeracy. These nationally agreed benchmarks are designed to assess whether children have achieved the minimum standards for years 3, 5 and 7 (AIHW 2007). Data on 895 children on guardianship or custody orders were collected from five jurisdictions - Queensland, Victoria, South Australia, Tasmania and the Australian Capital Territory - for August 2003 (AIHW 2007). The data were linked through collaborative efforts by state and territory education and community services departments.