Can Psychology help me recover Custody of my Children?

In recent decades, the phenomenon that some authors call “family breakdown” is increasingly common, but no less complex. And there is no manual formula that a couple can strictly follow when they decide to divorce. In fact, just as the reasons why two people can reach such a point are diverse, the terms in which they do so are also different. A divorce that ends on good terms (despite the obvious disagreements that have led the couple to distance themselves) is ideal, especially in cases where children are involved.

In relation to this, and according to the scientific literature, one of the main reasons why divorce can be an extremely stressful experience for children is the conflict between both parents. Furthermore, a possibility within turbulent divorces is that, in the context of clashes and arguments between parents, custody of the children comes into play. For that reason, The relationship between psychology and the recovery of custody of children This is the issue we will address in this article.

Reasons for recovering custody

A bad relationship with the other parent is not always the only reason why a parent might want to regain custody of the children. There are various causes that result in single-parent custody and that, in the future, one of the parents may seek to reverse. It is possible that economic circumstances have changed after the divorce—materializing in, for example, a new place in which to live with the children—and therefore custody is viable shared. Of course, there are also delicate situations in which one of the two parents has alleged in the past some type of aggression or abuse by the other towards the children; or that some social service has withdrawn custody because it believes that there is some type of risk to the children.

It could also happen that other family members would like to be guardians of the minors as they consider that the parents are not in a position to have the children in their care.

However, one of the parents could disagree with this and wish to regain custody. In this case, It is necessary for a psychologist expert to carry out an evaluation of parental competence. This evaluation is based on the application of scientific methodology in order to analyze whether The person who wishes to demonstrate his or her capacity to have custody of the minors is in a position to it. The result of the evaluation is the configuration of a parenting aptitude report, which has the character of a document. This exposes the psychological state of the mother or father in question, the context in which she intends to take custody of the children, and the relationship of these factors with the fact of having the children in her care post.

• Related article: "Forensic Psychology: definition and functions of the forensic psychologist"

The Role of Psychology in Custody Recovery

Having pointed this out, it is possible to determine that yes, psychology could help someone regain custody of their children, as long as the person is in a position to do so. The role of the professional psychologist is always to work together with the judge to determine in the most objective way possible if a father or mother has the listening skills. sufficient for their children, if these are appropriate to the age that the children are, if they are able to identify the emotional needs of the minors but also their own, etc.

According to Reder and collaborators, in a context of judicial assessment, it is suggested that in order to exercise parenting it is necessary to have different competencies related to three different areas, which the psychologist must evaluate taking scientific knowledge as a framework for reference. These are the following:

1. Personal functioning

In the first instance, the psychologist in a judicial context must evaluate that the parent is capable of reflecting on her own behavior, on the impact that her behavior has on others and on himself; also other variables such as resilience—that is, the ability to adapt flexibly to adverse situations while recovering from periods of crisis—or personal agency. These aspects aim to evaluate the father or mother's competencies with respect to themselves, beyond what linked to her motherhood/fatherhood (but which, however, has an impact on how she relates to her children).

2. Competencies associated with the parental role itself

On the other hand, the psychology professional evaluates the parent's commitment to the parenting task, the disciplinary methods that he considers appropriate for raising children, the physical and emotional care that he practices with them, and the acceptance of responsibility parental.

• You may be interested: "Arguments for requesting a Parental Aptitude Test"

3. Competencies related to the relationship with the child

It is also essential that the parenting aptitude report reflects certain aspects specifically linked to the relationship with the children, these being empathy, the parent's interest in the child's experiences and well-being, dialogue with the child and recognition of his or her needs, all of them within the framework of the moment of development in which it is located.

Psychology beyond the judicial context

Finally, it is necessary to point out that the impact of psychology on the recovery of custody of children is not reduced to the role of the psychologist in the judicial context. When the desire to regain custody is present, there are usually many emotions involved. Sometimes, they are very intense. Furthermore, if this desire is accompanied by a judicial process, the entire situation can become extremely distressing. For this reason, psychology in the clinical area, specifically psychotherapy, can be key in coping with this scenario.