Most evaluations by psychologists include the use
of psychological tests, although there is no standard-
ization in the field concerning which tests to use or
how to interpret and apply the data derived from them.
Surveys of examiners indicate that most include
the Minnesota Multiphasic Personality Inventory–2
(MMPI–2) in their assessment of adults. Measures of
intelligence are frequently given to both adults and
children. A significant proportion of examiners also
use projective tests with adults and children, some of
which have been designed specifically for use in child
custody evaluations. The conceptual/theoretical basis
and psychometric adequacy of these instruments, par-
ticularly those designed solely for use in custody
cases, have been questioned by various authorities.
More generally, the use of standard “objective” tests
such as the MMPI–2 and intelligence tests has been
questioned, in that the connection between the test
results and the legal question (e.g., what is in a child’s
best interests) may be unclear or, at best, indirect.
Examiners usually interview the parents and the
children, and they may interview others who are close
to the family or who have specific, meaningful infor-
mation to provide. Information of interest includes the
behavioral patterns of the parent, his or her parenting
strengths and weaknesses, and his or her current emo-
tional state. The examiner gauges the degree of com-
mitment and groundwork evidenced with regard to
realistically preparing for custody. In-depth informa-
tion is sought regarding the parent’s relationship with
each child, as well as how he or she currently interacts
with the other parent. When interviewing children, the
examiner assesses their relationship with each parent,
their current emotional and behavioral functioning,
and their social/educational history. Although young
children usually are not asked to express custody pref-
erences, older children may be asked to describe what
living situations they would most prefer.
Direct observation often is valued for providing
more data about how the child and parent interact
together. For example, the examiner may have the child
and parent perform a structured task and evaluate how
well they interact together. Some examiners use natu-
ralistic observations, wherein they visit the home and
see how the parent-child dyad interacts in that setting.Research on Divorce and
Child Custody Outcomes
Custody evaluations can be informed by research from
multiple domains. Examiners should be familiar with awide variety of research findings and incorporate the
best data in the evaluation process. Relevant areas of
research include the influence of parents on their
children’s development, mental disorders and parenting,
mental disorders and children, the impact of specific
parenting practices on child development, the impact of
divorce on parents and children, the impact of parental
conflict on children’s adjustment, parenting after divorce,
economics and remarriage, the impact of access to the
noncustodial parent, and the impact of the type of cus-
tody arrangement on children’s development.
A voluminous literature exists concerning how
children respond to parental separation and divorce.
Unfortunately, clear and unequivocal conclusions
(which might lead to straightforward recommenda-
tions in contested custody cases) typically are the
exception rather than the rule. As such, this summary
highlights trends in this literature, with the qualifica-
tion that these general trends belie considerable vari-
ability at the individual level.
At the most basic level, divorce appears to be associ-
ated with modest increases in an array of short- and
long-term negative outcomes for children, including
externalizing behavior problems, depression, school dif-
ficulties, poorer relationships with parents (particularly
fathers), and subsequent romantic relationship dysfunc-
tion. Of considerable importance, the causal effect of
divorce per se on these outcomes is not well understood,
with various other factors possibly explaining these neg-
ative outcomes. For example, research suggests that the
level of parental conflict exhibited may be more impor-
tant in terms of predicting children’s adjustment than is
the experience of divorce itself. Also of note, some
recent research suggests that divorce may actually result
in improved functioning, at least among children from
“high-conflict” families. Children whose families are
cordial following the divorce tend to be psychologically
healthier than those from high-conflict families.
To promote better outcomes for children, many
states now encourage families to use mediation and
other nonadversarial methods of working through the
divorce and custody arrangements. Some evidence
suggests that the use of mediation helps families
emerge from the process in a healthier manner. For
example, postdivorce conflict tends to be lower in
families using mediation than in control groups.
Likewise, noncustodial parents appear to be more
likely to maintain regular contact with their children
after divorces that employ mediation.
Researchers are currently investigating the impact
of the amount of contact with the noncustodial parent232 ———Divorce and Child CustodyD-Cutler (Encyc)-45463.qxd 11/18/2007 12:42 PM Page 232