An excerpt from Psychology Today:
What the Latest Research is Saying about the Best Interests of Children – By Edward Kruk, Ph.D.
Our current system of resolving child custody disputes rarely considers either children’s needs from children’s own perspective, or current research on child custody outcomes. What is needed is a new standard, a “best interests of the child from the perspective of the child” standard, and an approach to child custody determination that is built on a strong foundation of empirical research.
My recent article in the American Journal of Family Therapy, “Arguments for an Equal Parental Responsibility Presumption in Contested Child Custody,” outlines sixteen distinct arguments in support of a shared parental responsibility presumption in contested child custody, which are presented from a child-focused perspective, with clinical and empirical evidence in support of each argument contrasted to the conflicting evidence. The shared parental responsibility alternative addresses the problems associated with judicial bias and error. The sixteen arguments are as follows:
1. Shared parenting preserves children’s relationships with both parents
2. Shared parenting preserves parents’ relationships with their children
3. Shared parenting decreases parental conflict and prevents family violence
4. Shared parenting reflects children’s preferences and views about their needs and best interests
5. Shared parenting reflects parents’ preferences and views about their children’s needs and best interests
6. Shared parenting reflects child caregiving arrangements before divorce
7. Shared parenting enhances the quality of parent-child relationships
8. Shared parenting decreases parental focus on “mathematizing time” and reduces litigation
9. Shared parenting provides an incentive for inter-parental negotiation, mediation and the development of parenting plans
10. Shared parenting provides a clear and consistent guideline for judicial decision-making
11. Shared parenting reduces the risk and incidence of parental alienation
12. Shared parenting enables enforcement of parenting orders, as parents are more likely to abide by an equal parental responsibility order
13. Shared parenting addresses social justice imperatives regarding protection of children’s rights
14. Shared parenting addresses social justice imperatives regarding parental authority, autonomy, equality, rights and responsibilities
15. The discretionary best interests of the child / sole custody model is not empirically supported
16. A rebuttable legal presumption of shared parenting responsibility is empirically supported
Read more HERE: http://www.psychologytoday.com/blog/co-parenting-after-divorce/201204/sixteen-arguments-in-support-co-parenting
