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Relitigation after contested custody and visitation evaluations.

P Ash, M J Guyer

    The Bulletin of the American Academy of Psychiatry and the Law
    |January 1, 1986
    PubMed
    Summary
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    Highly adversarial families experience significantly higher rates of custody relitigation post-divorce. Mother custody cases also show increased child support relitigation compared to other arrangements.

    Area of Science:

    • Psychology
    • Family Law
    • Sociology

    Background:

    • Postdivorce adjustment is complex and often involves ongoing legal disputes.
    • Custody, visitation, and child support relitigation are key indicators of adjustment challenges.

    Purpose of the Study:

    • To assess relitigation rates as a measure of postdivorce adjustment.
    • To compare relitigation frequency in highly adversarial versus non-contested custody cases.
    • To examine differences in relitigation rates across custody types (mother, father, joint) and dispute types (custody, visitation, child support).

    Main Methods:

    • A comparative study design was employed.
    • Samples included highly adversarial families undergoing psychiatric evaluation for contested custody/visitation (n=58) and control groups with non-contested custody (mother: n=43, father: n=30, joint: n=54).

    Related Experiment Videos

  • A separate sample of postdivorce dispute evaluation families (n=46) and controls (n=36) were also analyzed for visitation relitigation.

    • Main Results:

    • Predivorce adversarial families showed a significantly higher rate of custody relitigation (19%) than control families.
    • Mother custody cases had a higher rate of child support relitigation compared to father or joint custody.
    • Postdivorce visitation dispute families exhibited higher visitation relitigation rates than control families.

    Conclusions:

    • High predivorce conflict predicts higher postdivorce custody relitigation.
    • Child support relitigation is more common in mother custody arrangements.
    • Visitation disputes are more frequent in families seeking postdivorce evaluations for such issues.