Who Should Have Custody of Children - Essay Example

? Who Should Have Custody of Children Guidelines are essential when an evaluation is required to choose the parent suitable to have the custody of a child. These guidelines are represented in a symbolic interactionism perspective to determine a suitable person to have the custody of children. Issues explained in the paper involve the consideration of the child’s interest upon which both parties need to agree. Availability, commitment and physical and mental health statuses among other issues have been considered to explain how to determine reasonable features of a suitable parent. Also discussed is the relationship expected from both parents regardless of who is granted the custody of the children; hence being advised to handle separately their interpersonal difficulties and their responsibility to take care of the children. Who Should Have Custody of Children In the recent past, most jurisdictions in courts have developed a common practice to request for a mental health assessment when it comes to assessing children and their families, when the custody of a child is in question. Sadly, expert appointment standards have a variation; hence judicial determination on who will do the evaluations is random and distinctive. To find the solution to the problem of variation of expertise and to make the process more organized various locales have a set of guidelines for child custody evaluation professionals. This paper explores the guidelines that should be considered when assessing the suitability of the one to have custody of children. Buss and Maclean (2011) say that the first considered criterion involves the interest of the child in question, where the parent expected to take the custody of the child should be the one with whom the child has a stronger psychological bond. It is critical for this to be acknowledged by both parties involved. Data is gathered in this principle through interviews that jointly involve both parents with the child and each parent with the child separately. To put into operation this guideline, while not regarding the gender of the parent, the one that has developed stronger and healthiest psychological bond with the child should be given preference in granting custody of the child (Rohrbaugh, 2007). According to Greene and Heilbrun (2010), the bond is likely to be stronger and healthier to the parent who was the primary child caretaker when the child was still very young. If the gap in between when the child was young and that of the time of evaluation is greater, then the likelihood that other factors will operate is greater too. The existence of another bond like a pathological bond would not argue for designation of the primary parent (Cochrane, 2008). The other criterion has a focus on the capacity to be a parent. This involves the ability and knowledge of a parent to guide, give instructions and offer desirable care to the child. It focuses on compared capability of the parents to effectively bring up the children knowing their rearing techniques and use of humane and reasonable measures to discipline them (Buss and Maclean, 2011). The number one role model to children is their parents. That is, undesired values and unhealthy moral behaviors are most expected to be transmitted to the child if the parent’s values are poor. The evaluator is then expected to check on the personality qualities that the child in question can emulate and be identified with (Cordell 2007). Cordell also continues to explain why availability should be given consideration by the evaluator. The evaluator is expected to assess how parents view their work and how it affects the time spent with the child. Other plans such as child care plans should be considered with their appropriateness. According to Rohrbaugh (2007), comparison of the parent’s commitment in regards to curricular and extracurricular activities is also a criterion that should guide the evaluator. Parent’s appreciation and genuine commitment to the child’s education not only can it be seen by what the parent is saying but rather by how he/she has been involved in the child’s school activities. Availability and commitment are both considered when it comes to the child’s health concerns (both mental and physical health involvement). Greene and Heilbrun (2010) suggest that information on this guideline be gathered through the help of mental and physical health care providers. While considering health issues in child custody, the parent’s physical and psychological health becomes a factor that the evaluator should not overlook. This is because it is obvious that in order to take proper care of a child, the parent should be in a reasonable physical and mental health condition. Psychologically, clinical data collected from each parent will provide needed data to determine who to consider for the child’s custody. Cochrane (2008) explains that the willingness to cooperate with the other parent is relevant to who should have the custody of the children. A parent who has difficulties in communicating with the other parent either personally or through the phone but insists to communicating through lawyers only shows deficiency in parenting capability. Regarding cooperation, a preferred parent should be cooperating freely with the other party in respect to the child’s development and healthy growth issues. It is essential for the parents to recognize the obligation of raising the children through their cooperation and, therefore, it is necessary to keep apart their interpersonal problems when it comes to issues of the children and appreciate the involvement of the other parent. Figure1. Parents are having an argument in the presence of a child. Baum and Burns (2007) explain how parents who are well accustomed to special needs children in custody may have, like handicapped in hearing or vision or chronic conditions, are preferred. The evaluator should assess whether one or both parents are able to provide the required special care and if there are problems when it comes to choosing care givers like doctors. Figure 2. A parent playing with disabled son. Existence of scientific support on the perception of gender issues that girls be placed with mothers or boys with fathers, parent’s sensitivity should be focused on each parent to child’s need for suitable role models and quality parenting association with the child. According to Cordell (2007) there are several ways a parent can be alienated and so, the evaluator should find its meaning and how it started. Parental alienation is experienced when the child becomes extremely hostile and cannot see anything positive with one of the parents and, therefore, prefers not to have any kind of contact with that parent. When the child is older, that is 12 years or more, judges give more preference to what the child states. In a preference stated by a child younger than twelve years of age, the evaluator has to assess its context and meaning as well (Cordell, 2007). This topic has been an attraction in that the examiner needs to compare the parents in each and every issue in different perspectives whereby each parent has been preferred and then the overall score of each parent used. In the project, the same principle has been put into consideration to come up with what is more like a superior collection of guidelines and, in part, the Michigan protocol that is considered and still valid. Here, as explained, each parent, that is the mother and the father, has an equal chance of having custody of the children given that the guidelines are assessed by the evaluator, the report presented and considered in order to arrive at that decision. References Baum, S., & Burns, J. (2007). Mothers with learning disabilities: experiences and meanings of losing custody of their children. Tizard Learning Disability Review. 32-59 Buss, E., & Maclean, M. (2011). Law and child development in the UK and the US. Journal of Children's Services, 29-48. Cochrane, M. G. (2008). Surviving your divorce: A guide to Canadian family law. John Wiley & Sons, 92-213 Cordell, J. E. (2007). Your civil war: A father's guide to winning child custody. Your Civil War. Greene, E., & Heilbrun, K. (2010). Psychology and the legal system. Cengage Learning. Rohrbaugh, J. B. (2007). A comprehensive guide to child custody evaluations: Mental health and legal perspectives. Springer. Read More