Important Role Played by Forensic Psychologists During Divorce Cases Research Paper

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Forensic Psychologists in Determining the Award of Child Custody in Divorces

For a long time, children have been treated as personal property during divorce proceedings. This meant that the children were subject to subdivision amongst the parents like any other property the couple owned. According to Emery and Wyer (1987a), all personal property would revert to the husband. For this reason, children would become the property of the father. In the 1800s, the law started to change and begun awarding custody of children based on analysis of both parents. The tender years doctrine was adopted, which was used to award younger or tender children to the mother instead of the father (Gunsberg & Hymowitz, 2013). This was because the young children would still need their mother more, and she was considered a better parent due to her maternal nature. This preference was not cast in stone. If the father could manage to demonstrate and prove that the mother was unfit to raise the children, she would not receive custody of the children. In most jurisdictions before the 1970s, the primary legal standard used to determine child custody was the tender years doctrine. The best interest of the child became a consideration after the 1970s. This standard would analyze both parents and determine who was best suited to care for the child. Shifting towards the best interest of the child meant that the parents' rights were no longer of primary importance. The courts would award custody based on continued maturation and development of the child.

In order for a judge to determine the best interest of a child, they would need the services of a forensic psychologist. The psychologist would interact with the child and the parents to establish who would offer the child the best care. If both parents were deemed fit, then joint custody would be the preferred option. Child evaluation is not an easy task because there are many challenges and obstacles the psychologist would have to overcome before they can gain the trust of the child (Murray, Farrington, & Sekol, 2012). Legal standard ambiguity has not helped in reducing the complexity of evaluations. With the divorce rate increase, the need for child evaluations has also increased. The majority of divorce cases do not require legal assistance, and they are settled amicably amongst the couple. In such instances, the couple would decide what is best for the children. Forensic psychologists are only required when the dispute gets to court and in most instances courts do not pay much attention to their services. If forensic psychologists were taken seriously, as they are in other forensic areas, then children would have better chances of living with a parent who would offer them better care. The forensic psychologist would have different roles to play when dealing with children. The psychologist would act as a mediator, counsellor, therapist, and evaluator. The recommendations made by the forensic psychologist would be used by the courts to determine child custody.

The role of forensic psychologists

Forensic psychologist are charged with the psychological assessment of people involved with the legal system. The kind of involvement does not matter since the forensic psychologist is only required to determine if the person is fit for trial or they need medical attention before trial. A forensic psychologist will apply the principles of psychology in the justice system. Forensic psychologists are mostly used for criminal trials in order to establish if a defendant's mental state meets the legal standards. This is the situation where forensic psychologists are mostly used, but they can also offer vital insights in divorce cases. The forensic psychologist would have sessions with the parents and the children, which they would use to establish what is best for the child (Drozd & Flens, 2014). For judicial trials, it is vital that the court deems the defendant mentally capable of standing trial. For this reason, the services of a forensic psychologist are demanded in such situations. The psychologist will evaluate the defendant to establish why they are incompetent to stand trial, if there is need to have them confined in a mental institution, or they require treatment. Judges value the reports made by the forensic psychologist in such situations, but in divorce cases, they are deemed unnecessary.

Forensic psychologists will offer therapeutic services to the clients irrespective of the case in hand. In criminal trials, they would offer the defendant counselling sessions as they would for divorce cases. During divorce cases, the therapeutic services offered by a forensic psychologist would come in handy to establish how the child feels about the parents divorcing.

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It has been shown that most children blame themselves when the parents' divorce and they harbor feelings of hatred, which leads the children towards immoral behaviors. The forensic psychologist would be in a position to counsel the children and offer them guidance in regards to why the parents are separating. Coping with the situation is the priority for the forensic psychologist, and they would be required to offer guidance to the child. In the process of counselling the child, the psychologist would have an opportunity to interact with the child and establish who of the two parents the child prefers to live with. The forensic psychologist would have to interrogate the child in a manner that is not leading. The forensic psychologist is not only charged with analyzing the child, he/she is required to have sessions with the parents. During these sessions that would establish the state of mind, for each parent and they would be better placed to advice the courts on who is best suited to gain custody. The forensic psychologist will conduct sessions with the individual parents separately (Lavadera, Caravelli, & Togliatti, 2013). In this way, the parents can open up, and the forensic psychologist would gain insights that will assist in determining custody of the child or children.

There have been cases of child abuse or neglect during divorce cases. One partner could accuse the other of neglecting the children in order for them to get custody. The courts would be ill-equipped to handle such a situation if they did not employ the services of a forensic psychologist. It is not easy for the courts to prove that a parent has neglected their duty, but using a forensic psychologist, the courts can determine the truthfulness of the accusation. Divorce cases that are not decided in court do not require the services of a forensic psychologist. Such divorce cases could lead to child abuse especially if the parent who was left with the child or children was unwilling to take on custody. A parent can be angry, and they only want to hurt their partner by denying them custody. The parent would later realize that they were not ready to take up the responsibility, and this would result in them abusing the child or children. If the services of a forensic psychologist had been employed, this would not have been the case. The psychologist would have to look past the anger and establish if the parent is genuinely prepared and willing to care for their child. There are different test that can be used to determine child custody. The test chosen by the forensic psychologist must be selected carefully to ensure that it covers the child developmental, cultural, and linguistic needs.

Marriage counsellors

Marriage counselling is another role that a forensic psychologist has to take up. The forensic psychologist would be placing the best interests of the child or children and in so doing, they would prefer to counsel the parents and determine if they can reconcile. This is because reconciling the parents would result in a stable environment for the child. The child would not have to spend time apart from one parent for long periods, and both parents would be living under the same roof. Divorce is not only stressful for the children, but also for the adults. Divorce results in uncertainty for the future both for the parents and for the children. For this reason, any decision to divorce should be considered well, and all means applied to avoid divorce. Couples need therapy to identify the underlying issues and establish if it would be possible to reconcile and iron out the issues. Communication is th emost important thing for any marriage counselling session. Couples should be willing to discuss and open up to each other. The forensic psychologist would have to offer an avenue suitable for open and honest communication between the parents. This would be an attempt to reconcile the parents because of the children.

As a marriage counselor, the forensic psychologist would still have to conduct sessions with the children. These sessions would only take place after they have determined that the parents have irreconcilable differences. The marriage counselling the offered to the children would be aimed at ensuring that the child or children do not harbor ill feelings towards marriage. Children are more prone to negative feelings if they do not understand why their….....

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