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Basic principles in custody assessments
Abstract:
The paper discusses some of the principles of custody assessments in divorce proceedings. It is felt that such assessments should be undertaken only upon the request of the judge or both lawyers. The assessment should be extensive and should include collecting and collating all available data obtained through interviews or letters. The report should include historical material, the formulation, and the reasons for the recommendations. Clinically, the important issue is to decide under whose care the child's growth and development is enhanced. Factors that help in this decision include the emotional ties between the parent and the child, the capacity of each parent to provide physically and emotionally, the preference of the child, and the need for continuity. The psychiatric and moral "fitness" of parents is critically reviewed. It is maintained that no parent should be given an inherent preference in custody rulings. Finally, it is argued that access should be expected after divorce and should be changed or eliminated only under strict conditions.
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