Expert psychology in cases of withdrawal from custody

Divorces and separations are especially hard not only for the couple, but also for the children. During these breaks, the minor children will have to decide with which parent they want spend more time, and sometimes, the situation forces them to make this choice in the context of a process judicial. But not all the variables have to do with the personal decisions of the little ones.

Although not all separations end in conflict, on more than one occasion it happens that the breakup is not friendly and this means that the decision of the person who has custody of the son or daughter involves resorting to lawyers and courts.

Expert psychology takes special importance before the phenomenon of the withdrawal of custody, being through this branch of psychology that evaluates the suitability of the father or mother to hold sole or shared custody. Let's see its importance and what aspects are taken into account during the child custody decision processes.

• Related article: "The 4 phases of forensic psychological expertise (and their characteristics)"

Expert psychology in cases of withdrawal from custody

Divorce or separation processes are a consequence of the deterioration in the relationship of two spouses who, after not finding a solution to the relationship, choose to end it by resorting to breaking up legal. This process not only affects the couple's relationship, but also the children in common, if any..

In fact, the impact of separation or divorce falls directly on them as well, also becoming an issue. disputes because many times there is a clash of interests over which of the two parents gets the custody.

Parents' divorce means that their children have to adapt to a new environment, new homes and even see how their parenting style changes. parents as a result of the stress caused by the process and the supersaturation of having to raise their children separately, since the efforts. The family nucleus changes, assuming a great alteration in the emotional plane of all those involved.

On many occasions, the parents' break-up is not amicable, starting a tough and stressful judicial process in which they have to decide which father or mother is the most convenient to have custody of the minors, whether in a single-parent custody or custody regime shared. Expert psychology in cases of withdrawal of custody is key in the resolution and decision of which parent should have custody of their child and, in case of having lost it, recover it later.

• You may be interested in: "The 6 stages of childhood (physical and mental development)"

The expert report

When the parents do not reach an agreement on custody, it is common for them to go to forensic and expert psychologists, both directly and through their lawyers, to understand what elements can win the custody and custody trial, or what expert evidence is possible contribute.

It also happens that, after making known the conclusions of a psychosocial report made to both parents, an exclusive custody regime has been assigned, that is, custody rests on a single parent. The parent who is dissatisfied with this decision, who is usually the one who does not have custody, has as evidence against a report specifying that he or she does not meet the necessary requirements to have your child, the reason for which custody has been withdrawn.

Faced with the withdrawal of custody, the non-custodial parent finds it necessary to present a modification of measures, being able to be her ally (or enemy as well) the psychological expert report in the course of a divorce or separation, requested by a judge or by the father's own lawyer interested. This expert report evaluates the possibility of joint custody, parental suitability or, even, a evaluation of the children to find any evidence that the non-custodial parent should have some degree of custody or no.

Expert psychological reports in cases of withdrawal from custody are of great help, since apart from whether or not they serve the parent who is dissatisfied with the court's decision to regain custody, these reports they serve to examine the family context and identify the most appropriate measures to be taken by the court in charge of the separation or divorce case.

Reports of this type can also be made with minors. In divorce and separation processes, child psychological expert reports can be provided if deemed necessary and, In addition, it must be said that the authorization of both parents is not required, regardless of the custody regime that flaunt. Yes indeed, they must be informed that their son or daughter will be evaluated, as specified in article 42 of the Code of Ethics for Psychologists:

“When said evaluation or intervention has been requested by another person - judges, teaching professionals, parents, employers, or any other applicant other than the subject evaluated—, the latter or her parents or guardians will have the right to be informed of the fact of the evaluation or intervention and of the recipient of the Psychological Report consequent".

• Related article: "Psychological expert report: what is it and how is it done"

Key Aspects Assessed in Custody Withdrawal Cases

Sometimes conflicts between parents precipitate legal proceedings in which normally only one of them can be assessed.

In these cases, what is usually done is a report on parental competence or parental suitability, the objective of which is to determine the presence or absence of any problem or dysfunction on the part of the evaluated father or mother that may affect the correct care and development of the child for which he shows interest in acquiring custody of him, also analyzing his capacity for the exercise of maternal or paternal capacities.

It is also through these tests that it is tried to rule out whether the evaluated individual is trying to show the psychologist expert a distorted image of himself, appreciating if he is trying to simulate and disguise personality characteristics, trying to give a positive image of himself instead of being honest and true.

In other words, the parental suitability reports show the parental capacities of the evaluated parent using empirical tests and establishing from them if they are a good father or not.

For its realization it is necessary that it has previously been carried out a thorough and extensive investigation and evaluation of the parent and / or minor involved:

• Interviews with both the parent and the minor (both are appraised).
• Interviews with a large part of the family environment if necessary.
• Application of empirical psychological evaluation tests.
• Carrying out an exhaustive analysis of all the information provided.

Once the psychological expert report has been made, it will provide key information that will help the court to make the most convenient decision, always thinking and prioritizing the Superior Interest of the Minor (ISM). The report in question will expose the psychological state of the parent and, based on how far or near what is considered characteristics and behavioral style typical of a good parent, You will or will not be given custody of your child, both as a single parent and as a shared.

In this report it is observed if the evaluated parent has the following strengths:

• Manage your emotions and have developed skills for self-care.
• Ability to direct and control children's learning.
• Ability to establish discipline guidelines in the form of norms and habits to prepare their children for life in society.
• Knowledge to enhance the ability of children to have good nutrition, hygiene and safety.
• Caring for and protecting children from any environmental risk.
• Communicate effectively: show assertiveness, use of humor, empathy ...

Other aspects evaluated are:

• Presence of psychopathology that prevents the proper care of children.
• Degree of adaptation to different areas of life as well as adjustment after separation / divorce.
• Parenting style or parental skills of the evaluated person.

In other words, during the preparation and presentation of the report, the existence or absence of dysfunctions in the parent and the type of profile that this individual presents as carer. The presence or absence of protection factors that are positive in the custody and custody is also analyzed., and the court is informed about the functionality of the family nucleus.

When it has not been possible to make an expert report on the psychological state of the parent to be seen if he is eligible to hold custody of his son or daughter, other avenues are used to see his suitability as a parent. Here the focus of attention is placed on their income level, working hours compatible with the children's hours, proximity or distance from the home of the other parent, evidence that they have shown interest in their children (organization of birthdays, attendance at school meetings, AMPA, excursions ...).

• You may be interested in: "Legal Psychology: the point of union between Psychology and Law"

Child psychological expertise: psychological assessment of the minor

As we have commented, an expert psychological assessment of the minors involved in a separation case can also be carried out. When this assessment is carried out, it proceeds as follows:

• It is reported on the psychopathological examination.
• The personality patterns of the minor are analyzed.
• Their adaptation before and after parental rupture is evaluated.

In addition to carrying out these points that we have just mentioned, the same will be done with any other factor that can be related to the objective of the report, in the case in which only the minor is seen and not the progenitor.

It is also the task of expert psychology applied in custody cases to be able to propose to the court a series of recommendations that are considered interesting or necessary to improve the adaptation and emotional well-being of any of the experts.

These recommendations are, as a general rule, of a therapeutic nature, recommending to go to a psychologist who specializes in the mental disorder that has been observed in the parent or child if there is one or some type of anger management therapy if there are problems with anger control emotion.

• Related article: "The divorce of the parents, how does it affect the children?"

Are you looking for expert psychology services?

If you are interested in having expert psychology services, get in touch with us.

On Azor & Associates We work in this area and also in that of psychotherapeutic assistance.