210 8 Court and the Legal System—Family Forensicsdoctors, need to be impartial to the situation at hand. Furthermore, the family needs
to be recognized when decisions are made regarding an individual. In providing
more protection for the mentally ill, the impact of the family has become less of
a force in the entire process. It seems that while trying to protect the individual
from family members with ill intentions, others are categorized as being guilty of
exploiting the mentally ill when they are not.
Suggestions for Future Research
When the doctrines of parens patriae and paternalism were first introduced, our
society was very different. Since then, we have been trying to fit these antiquated
notions into our modern values and beliefs. It seems as though we have done a
successful job, considering the slim probability of pleasing everyone. Yet, it appears
as if we have gone too far in making generalizations about the role of the family
in this process. Some would argue that it is better to be pessimistic than optimistic
in regard to predicting the motivations for people's actions. We have become so
paranoid with this new system that we have drifted from making decisions based on
human factors and are more concerned with making choices based on the judicial
system.
Further research is needed to determine if current legal proceedings regard the
patient as the most important figure. Along with that, since the family has become
less of a voice in this process, it may be beneficial to investigate the ramifications of
losing such a personal figure in the decision-making process.
FAMILY LAW AND EMOTIONAL RIGHTS
Introduction
Children are involved in custodial disputes every day. In 1991, it was estimated
that approximately 1 million children experience parental divorce every year in
the United States (M. Bussey, 1996; Short, 1998). Other children are involved
in disputes between their biological and potentially adoptive, or psychological,
parents (Bracco, 1997; Oppenheim & Bussiere, 1996; Wynne, 1997). Both divorce
and adoption are events that are lifelong processes affecting the mental well-being
of children (Lee, 1997; Oppenheim & Bussiere, 1996; Wertlieb, 1997; Weyer &
Sandier, 1998; Wynne, 1997). Children of divorced parents are more likely to have
lower levels of social competency, poor academic performance, conduct difficulties,
and self-esteem than children from intact homes (Crockenberg & Forgays, 1996;
Katz & Gottman, 1997; Lee, 1997; Short, 1998; Wertleib, 1997). Laws have begun to
recognize the emotional impact custody disputes can have on children, especially for