Party Status of Children During Marital Dissolution: Child Preference and Legal Representation in Custody Decisions

Felner, Robert D.; Terre, Lisa; Goldfarb, Amy; Farber, Stephanie S.; Primavera, Judith; Bishop, Thomas A.; Aber, Mark S.

doi:10.1207/s15374424jccp1401_7

Cited by 7 publications

(10 citation statements)

References 8 publications

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“…In all surveys, those who respond typically differ from those who fail to respond in ways that are related to the issues under study. When the response rate is low, as it has been in most previous attorney surveys (ranging from 20–50%; Draughn, Waddell, & Selleck, 1988; Felner et al, 1985; Lee, Beauregard, & Hunsley, 1998; Smart & Salts, 1984), the chance that the survey results inaccurately reflect the population is maximal (Braver & Bay). For example, in Smart and Salts's study of attorney attitudes toward divorce mediation, only 29% returned the survey.…”

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confidence: 99%

Experiences of Family Law Attorneys With Current Issues in Divorce Practice^*

Braver¹,

Cookston²,

Cohen³

2002

Family Relations

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A survey was administered at a state bar convention to 72 family law attorneys who reported on their experiences in representing a total of 3,860 clients. Results showed that lawyers believed that (a) most losers in relocation cases do not or would not ultimately move; (b) the Family Court Masters system seems to be helpful to families; (c) lawyers' actions often raise the emotional level of the dispute; and (d) the divorce and custody system is biased against fathers.

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confidence: 99%

Experiences of Family Law Attorneys With Current Issues in Divorce Practice^*

Braver¹,

Cookston²,

Cohen³

2002

Family Relations

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“…Specifically, mental health participation was rarely solicited, and social science literature was infrequently attended to by legal professionals. These findings corroborate reports by Melton and his associates (Melton, Weithorn, & Slobogin, 1985) and, taken together, provide empirical support of the view that although the interdisciplinary climate may be improving, the relationship between psychology and the courts nevertheless continues to be marked by controversy and ambivalence (e.g., Felner & Farber, 1980;Felner & Terre, 1987;Felner, Terre, Farber, ct al., 1985;Felner. Terre, Goldfarb, et al, 1985;Lempert, 1986: Woocher, 1986.…”

Section: Discussionmentioning

confidence: 99%

“…The final interview schedule was arrived at after field-piloting several earlier versions. Other properties of this measure, its development, and its utility with these populations has been described in several pnor studies (Felner et al, 1982;Felner. Terre, Goldfarb.…”

Section: Methodsmentioning

confidence: 99%

“…Several recent studies shed some light on these issues. First, in an attempt to better understand the factors considered by legal professionals in the process of making child-placement recommendations, several authors (e.g., Charnas, 1981;Felner, Terre, Goldfarb, et al, 1985;Lowery, 1981;Settle & Lowery, 1982) examined the attitudes and practices of attorneys and/or judges. These researchers have begun to explicate the relative weights and roles assigned to practical and psychological factors as criteria for awarding different custody alternatives (Charnas.…”

mentioning

confidence: 99%

“…These researchers have begun to explicate the relative weights and roles assigned to practical and psychological factors as criteria for awarding different custody alternatives (Charnas. 1981;Felner, Primavera, Farber, & Bishop, 1982;Felner, Terre, Goldfarb, et al, 1985;Lowery, 1981;Settle & Lowery, 1982) as well as those assigned to the emphasis accorded the child's rights and wishes in the custody process (Felner. Terre.…”

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confidence: 99%

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Child custody resolution: A study of social science involvement and impact.

Felner¹,

Rowlison²,

Farber³

et al. 1987

Professional Psychology: Research and Practice

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To explore the use of mental health professional expertise in the legal system, legal professionals' sources of social science information, and the legal profession's perspectives on the appropriate roles of mental health professionals in the process, we solicited information from attorneys and judges on (a) the extent to which they actively seek the involvement of mental health professionals in child custody cases, (b) the factors that influence such involvement, and (c) the degree to which these attitudes and practices are influenced by social science data or theory. Among the most sinking features of these results was the report by the overwhelming majority of legal professionals that they did not consider either social science dala or mental health professionals' involvement or recommendations in child custody cases as critical to their practice of family law. Specifically, mental health participation was rarely solicited, and when it was. this decision rested primarily on the paradigmatic regularities of the legal system or practical needs of the case rather on a view that such involvement was central to the client's or child's mental health. The implications of these findings for collaboration between the mental health and legal disciplines in the area of family policy are discussed.As part of the growing commitment to preventing emotional dysfunction through social change (Albee, 1985). mental health professionals have sought to become participants in an ever-increasing range of efforts to shape legal policies and processes (e.g., Reppucci, Wcilhorn, Mulvey, & Monahan. ROBERT D. FELNER, PhD, is professor of psychology at the University oflllinois at Urbana-Champaign. His research interests are in primary prevention, life transitions, stress and coping in children and families, and child custody. He is an editor of Preventive Psychology. Theory. Research and Praam' (published 1983). RICHARD T. ROWLISON. MA, is a PhD student in the Clinical/ Community Psychology Program at the University of Illinois at Urbana-Champaign. His research interests arc in the areas of stress and coping and prevention programs for at-risk adolescents. STEPHANII S. FARBER, PhD, is in private clinical practice in New Haven, Connecticut. Her research interests focus on stress and coping in children and families. JUDITH PRIMAVERA, MA, is a PhD student at Yale University and a staff psychologist at Bridgeport Child Guidance Center, Bridgeport. Connecticut. THOMAS A BISHOP, Esq.. is a practicing attorney and former president of the Family Law Section of the Connecticut Bar Association. THE AUTHORS THANK the Family Law Section of the Connecticut Bar Association for their support for this project, and Lisa Terre for her assistance in data analysis and editing.

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