Expert Psychology In Cases Of Withdrawal Of Custody
Divorces and separations are especially hard not only for the couple, but also for the children. During these breakups, minor children will have to decide which parent they want to spend more time with, and sometimes the situation forces them to make this choice in the context of a judicial process. But not all the variables have to do with the personal decisions of the little ones.
Although not all separations end in conflict, on more than one occasion it happens that the breakup is not amicable and this means that the decision of whoever has custody of the son or daughter involves resorting to lawyers and courts.
Expert psychology takes special importance in the face of the phenomenon of withdrawal of custody, being through this branch of psychology with which the suitability of the father or mother to hold single-parent or shared custody is evaluated Let’s see its importance and what aspects are taken into account during the child custody decision processes.
Expert psychology in cases of withdrawal of custody
Divorce or separation processes are a consequence of the deterioration in the relationship of two spouses who, after not finding a solution to the relationship, choose to end it by resorting to legal separation. This process not only affects the couple’s relationship, but also the children in common, if there are any
In fact, the impact of separation or divorce also falls directly on them, also becoming the subject of disputes because there is often a clash of interests over which of the two parents gets custody.
Parental divorce means that their children have to adapt to a new environment, new houses, and even see how the parents’ parenting style changes as a result of the stress caused by the process and the oversaturation of having to raise children. children separately, since efforts are duplicated. The family nucleus changes, implying a great alteration on the emotional level of all those involved.
On many occasions, the breakup of the parents is not amicable, giving rise to a hard and stressful judicial process in which it is necessary to decide which father or mother is the most suitable to have custody of the minors, whether in custody. single parent or shared custody. Expert psychology in cases of withdrawal of custody is key in the resolution and decision of which parent should have custody of their child and, if you have lost it, recover it later.
When parents do not reach an agreement on custody, it is common for them to go to forensic and expert psychologists, both directly and through their lawyers, to understand what elements can make them win the custody trial, or what expert evidence is possible to provide.
It also happens that, after the conclusions of a psychosocial report made to both parents were made known, an exclusive custody regime has been assigned, that is, custody falls to a single parent. The parent who is dissatisfied with this decision, who is usually the one who does not have custody, has evidence against a report specifying that he or she does not meet the necessary requirements to have your child which is why custody has been removed.
Given the withdrawal of custody, the non-custodial parent finds it necessary to present a modification of measures, and the psychological expert report in the course of a divorce or separation, requested by a judge or by the interested father’s own lawyer. This expert-type report evaluates the possibility of shared custody, parental suitability, or even an evaluation of the minors is carried out to find some evidence that demonstrates that the non-custodial parent should have a certain degree of custody or not.
Expert psychological reports in cases of withdrawal of custody are of great help, since regardless of whether they serve the parent who is dissatisfied with the court’s decision to recover custody or not, these reports They serve to examine the family context and identify the most appropriate measures to be taken by the court in charge of the separation or divorce case
Reports of this type can also be made with minors. In divorce and separation processes, child psychological expert reports can be provided if deemed necessary and, in addition, it should be said that the authorization of both parents is not needed, regardless of the custody regime they hold. Yes indeed, They should be informed that their son or daughter will be evaluated as specified in article 42 of the Psychologist’s Code of Ethics:
“When said evaluation or intervention has been requested by another person—judges, teaching professionals, parents, employers, or any other requester other than the evaluated subject—the latter or his or her parents or guardians will have the right to be informed of the fact of the evaluation or intervention and the recipient of the consequent Psychological Report”.
Sometimes conflicts between parents precipitate legal proceedings in which normally only one of them can be assessed.
In these cases, what is usually done is a report of parental competence or parental suitability, whose objective is to determine the presence or absence of any problem or dysfunction on the part of the evaluated father or mother that may affect the correct care and development of the child for those who show interest in acquiring custody, also analyzing their capacity to exercise maternal or paternal capacities.
It is also through these tests that an attempt is made to rule out whether the individual evaluated is trying to show the psychologist expert a distorted image of himself, assessing whether he is trying to simulate and disguise personality characteristics, trying to give a positive image of himself instead of be honest and true.
In other words, parental suitability reports show the parenting capabilities of the parent being evaluated using empirical tests and establishing from them whether he or she is a good parent or not.
For its implementation it is necessary that it has previously been carried out a thorough and extensive investigation and evaluation of the parent and/or minor involved:
Once the psychological expert report has been completed, it will provide key information that will help the court make the most appropriate decision, always thinking about and prioritizing the Best Interest of the Minor (ISM). The report in question will expose the psychological state of the parent and, based on how far or close it is to what is considered the characteristics and behavioral style of a good parent, You will be given custody of your child or not, whether as a single parent or as a shared parent
This report shows whether the evaluated parent has the following strengths:
Other aspects evaluated are:
Presence of psychopathology that prevents adequate care of children.
Degree of adaptation to different areas of life as well as adjustment after separation/divorce.
Parenting style or parental skills of the person evaluated.
That is, during the preparation and presentation of the report, the existence or absence of dysfunctions in the parent is examined and the type of profile that that individual presents as a caregiver is established. The presence or absence of protective factors that are positive in care and custody is also analyzed and the court is informed about the functionality of the family nucleus.
When it has not been possible to carry out an expert report on the psychological state of the parent who wants to see if he or she is suitable to have custody of his or her son or daughter, other means are used to determine his or her suitability as a parent. Here the focus is on your income level, work schedule compatible with the children’s schedule, proximity or distance from the other parent’s home, evidence that you have shown interest in your children (organizing birthday parties, attending meetings schoolchildren, AMPA, excursions…).
You may be interested in: “Legal Psychology: the meeting point between Psychology and Law”
Child psychological expertise: psychological assessment of the minor
As we have mentioned, an expert psychological assessment can also be carried out on the minors involved in a separation case. When this assessment is made, proceed as follows:
The psychopathological examination is reported.
The personality patterns of the minor are analyzed.
Their adaptation before and after parental breakup is evaluated.
In addition to carrying out these points that we have just mentioned, the same will be done with any other factor that may be related to the objective of the report, in the case in which only the minor is seen and not the parent.
It is also the task of expert psychology applied in custody cases to be able to propose to the court a series of recommendations that are considered interesting or necessary to improve the adaptation and emotional well-being of any of the experts
These recommendations are, as a general rule, of a therapeutic nature, recommending going to a psychologist specializing in the mental disorder that has been observed in the parent or minor if there is one or some type of anger management therapy if there are problems. of control of this emotion.
Related article: “Parental divorce, how does it affect children?”
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