Prevalence, Trends and Custody Among Children of Parents with Intellectual Disabilities in Norway.

BACKGROUND: This study addresses children of parents with intellectual disability in Norway. The aim was to examine: (i) the impact of definitions of intellectual disability on prevalence, (ii) whether numbers were increasing, (iii) the prevalence of motherhood and fatherhood and (iv) rates of lost custody. METHODS: Analyses of national registers (n = 30 834) and mapping in four municipalities (n = 85). RESULTS: 0.19% of all children had parents with recorded intellectual disability, increasing to 0.87% with wider inclusion criteria. The number of children born to parents with intellectual disability has been declining since the mid-1980s. The proportion of mothers with intellectual disability was twice that of fathers. Parental custody was revoked for 30-50% of children, with single mothers being at particular risk. Parents with intellectual disability accounted for 20-25% of all custody cases. CONCLUSIONS: The results show that prevalence depends on the definition of intellectual disability. The decreasing number of children and the need for development of specially adapted family supports are discussed.

Fifty moves a year: is there an association between joint physical custody and psychosomatic problems in children?

BACKGROUND: In many Western countries, an increasing number of children with separated parents have joint physical custody, that is, live equally much in their parent's respective homes. In Sweden, joint physical custody is particularly common and concerns between 30% and 40% of the children with separated parents. It has been hypothesised that the frequent moves and lack of stability in parenting may be stressful for these children. METHODS: We used data from a national classroom survey of all sixth and ninth grade students in Sweden (N=147839) to investigate the association between children's psychosomatic problems and living arrangements. Children in joint physical custody were compared with those living only or mostly with one parent and in nuclear families. We conducted sex-specific linear regression analyses for z-transformed sum scores of psychosomatic problems and adjusted for age, country of origin as well as children's satisfaction with material resources and relationships to parents. Clustering by school was accounted for by using a two-level random intercept model. RESULTS: Children in joint physical custody suffered from less psychosomatic problems than those living mostly or only with one parent but reported more symptoms than those in nuclear families. Satisfaction with their material resources and parent-child relationships was associated with children's psychosomatic health but could not explain the differences between children in the different living arrangements. CONCLUSIONS: Children with non-cohabitant parents experience more psychosomatic problems than those in nuclear families. Those in joint physical custody do however report better psychosomatic health than children living mostly or only with one parent. Longitudinal studies with information on family factors before and after the separation are needed to inform policy of children's postseparation living arrangements.

Who gets custody now? Dramatic changes in children's living arrangements after divorce.

This article reexamines the living arrangements of children following their parents' divorce, using Wisconsin Court Records, updating an analysis that showed relatively small but significant increases in shared custody in the late 1980s and early 1990s. These changes have accelerated markedly in the intervening years: between 1988 and 2008, the proportion of mothers granted sole physical custody fell substantially, the proportion of parents sharing custody increased dramatically, and father-sole custody remained relatively stable. We explore changes in the correlates of alternative custody outcomes, showing that some results from the earlier analysis still hold (for example, cases with higher total family income are more likely to have shared custody), but other differences have lessened (shared-custody cases have become less distinctive as they have become more common). Despite the considerable changes in marriage and divorce patterns over this period, we do not find strong evidence that the changes in custody are related to changes in the characteristics of families experiencing a divorce; rather, changes in custody may be the result of changes in social norms and the process by which custody is determined.

[Respecting minors' autonomy in child custody cases]. / O Respeito pela Autonomia da Criança na Regulação das Responsabilidades Parentais.

Child custody decisions are among the most difficult for judges to make. The possibility of child abuse allegations or parents' deviant/ psychopathologic behaviours within this context, make the decision further complicated. Based on jurisprudence the listening of children opinion is a way to protect their best interest. In fact children have the right to express an opinion in all matters affecting their life. It should be given proper consideration to children opinion according with his/her age and maturity. Nonetheless custody disputes are emotionally draining issues. Asking the child to express an opinion during a public hearing, most likely in the presence of both parents, its not recommended because this is a potential stressful experience. Child interviews should take place in a proper environment and be set to their age. Medicine and Psychology have an important role in assessing children cognitive, emotional and volitional abilities, which is essential to properly account their opinions according to autonomy degree. This essay analyses the contribution of medico-legal and/or psychological exams to respect the autonomy of the child in cases of regulation of parental responsibilities. The conclusion is the need to establish a symbiotic relationship between the medical and legal perspectives of the (open) concept of child's best interests.

As decisões de custódia parental estão entre as mais difíceis de ser tomadas pelos tribunais. A possível coexistência de alegações de abuso da criança ou comportamentos desviantes/psicopatológicos dos progenitores aumenta a complexidade da tomada de decisão. Decorre da jurisprudência que a audição da criança se consagra como a forma mais lídima de auscultar o seu superior interesse. De facto, a menor tem direito a ser ouvido em todas as decisões que lhe digam respeito, devendo a sua vontade ser considerada de acordo com a sua idade, discernimento e maturidade. No entanto, as disputas de custódia configuram uma importante fonte de angústia para a criança, pelo que pedir-lhe que expresse a sua preferência em audiência pública, porventura na presença de ambos os progenitores, não é aconselhável, por razões que se prendem com a necessidade de a proteger de uma experiência potencialmente stressante. Há que privilegiar entrevistas em ambiente adequado, acessíveis e ajustadas à idade do menor. À Medicina e à Psicologia cabe o importante papel de avaliar as capacidades cognitivas, volitivas e emocionais do menor, facto essencial à adequada consideração da sua opinião de acordo com o seu grau de autonomia. Este ensaio analisa o contributo da perícia médico-legal e/ou psicológica para que o respeito pela autonomia do menor seja verdadeiramente contemplado, nos casos de regulação das responsabilidades parentais. Conclui-se a necessidade de estabelecer uma relação de simbiose entre as perspetivas médica e judicial do conceito (aberto) do superior interesse da criança.

Forgotten children? An update on young children in institutions across Europe.

The worst of institutional care was brought to public attention in Romania during the 1990s when pictures of severely deprived and malnourished children were shown around the world. However, many European countries have high rates of young children in institutions, where the physical care of the child predominates, with social/emotional needs a secondary concern. Yet institutional care is a very poor substitute for positive family care, increasing the risk of development delay, attachment difficulties, neural growth dysfunction and mental health disorders. This article provides an update on a series of projects that have highlighted this issue in Europe, arguing that babies and small children aged less than 3years old, with or without disability, should not be placed in residential care without a parent or primary caregiver. This principle has been discussed by the UN General Assembly (2009) and specific guidelines have been produced for all 193 member states.

The foster care crisis: what caused caseloads to grow?

Foster care caseloads more than doubled from 1985 to 2000. This article provides the first comprehensive study of this growth by relating state-level foster care caseloads to state-specific characteristics and policies. We present evidence that increases in female incarcerations and reductions in cash welfare benefits played dominant roles in explaining the growth in foster care caseloads over this period. Our results highlight the need for child welfare policies designed specifically for the children of incarcerated parents and parents who are facing less generous welfare programs.

Clinical advice from the bench.

This article discusses three aspects of family law: (1) a new approach to custody litigation currently in use in one family law court in New Mexico; (2) why some judges, lawyers, and family courts are slow to change the way family law cases are managed; and (3) how mental health professionals might change their interactions with the legal system to benefit both their professions and the people they serve.

Joint custody and shared parenting. Research and interventions.

Joint custody is a reality for many children of divorce. This article first examines the structure and forms joint custody takes, and then explores what is known about shared parenting from research that is relevant to clinical work with families of divorce. An overview of interventions for children and families of divorce that are relevant to coparenting issues follows, along with what is known about their effectiveness. The final section presents several modes of intervention to assist families in maximizing the effectiveness of shared parenting situations for children and their parents.

From competition to complementarity. Legal issues and their clinical implications in custody.

In the 1970s, the "best interests of the child" doctrine focused custody litigation away from parental competition and toward meeting each child's needs. Yet, artifacts of the parental preference doctrine remain entrenched in custody law and practice. The evolving "best interests" paradigm requires redefining "custody" as development, implementation, and adaptation of individualized plans that provide a structure for complementary parenting. This article explores this paradigm shift while providing an introduction to the realities of child custody proceedings and family law courts. The article also identifies the ways in which mental health professionals can work most effectively with the legal system for the benefit of children of divorce and separation.

Kinship care: the African American response to family preservation.

The number of children entering the foster care system is increasing at an alarming rate. The increase in children entering foster care, compounded by political, economic, and social factors, has created a phenomenon in the African American community--formal kinship care. Formal kinship care is defined as a system through which the state or county has custody of the child but a relative takes care of the child. This article discusses increased kinship care as a resilient response by the African American community. The strengths and resilience of the African American family can be attributed in part to a strong kinship network. In this manner, the African American community is preserving the family. This community clearly needs support through imaginative social work policies and practice.

Assessment of fairness in child custody decisions.

Court-appointed child advocates, attorneys, guardians ad litem, and therapists were asked to rate preferred traits for mothers and fathers, and to make custody decisions and abuse likelihood ratings for children in one of two vignettes that varied only as to whether mother or father was described as incompetent to parent without threat of further abuse. Results revealed that this sample of professionals did not hold double standards with respect to attributes important for mothers versus fathers. To the contrary, interpersonal sensitivity traits, traditionally identified as most prevalent among women, were valued equally in mothers and fathers and preferred for both parents to interpersonal potency, traditionally ascribed more readily to men. Further, decisions about custody and placement or abuse likelihood were not affected by any sex-role stereotypes professionals held about parents, nor by professionals' gender or specific occupation. The only factor that affected custody judgments and abuse likelihood ratings was the competence of the parent in question. These findings suggest that biases with regard to gender to gender or traditional sex-role preferences for parents are disappearing among professionals who make important placement decisions in the lives of abused children. Future studies must assess whether these theoretical findings translate into actual behavior in real-life abuse cases for the professional groups represented in this sample.

Divorces in Canada, 1988.

In 1988, a total of 79,872 divorces were granted in Canada. This was a 12.2% decrease from the 1987 total of 90,985, the highest ever in Canada. Divorce levels have been generally high in the late 1980s, but data for several more years are required before the impact of the 1985 Divorce Act can be accurately assessed. The 1988 divorce rate in Canada for married women aged 15 and over was 1,256 per 100,000. The highest rates occurred in Alberta (1,498) and British Columbia (1,407), and the lowest in Newfoundland (669) and Prince Edward Island (844). The average duration of marriages ending in divorce was 12.5 years. The largest number of divorces occurred after five years, followed by six and four years. Among divorces granted in 1988 under the 1985 divorce law, separation for not less than one year was cited as the grounds in almost nine out of ten cases. Of all children affected by custody orders for divorces granted under the 1985 law, 76% were awarded to the wife, 12% to the husband, 11% to joint custody, and fewer than 1% to a person other than the husband or wife.