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Child Custody: Legal Decisions and Family Outcomes
Reviews / Journal of Government Information 27 (2000) 71–110
105
Cheryl McCoy Government Documents University of South Florida Tampa Campus Library Tampa, FL 33620-5400, USA PII: S1352-0237(99)00137-9
Child Custody: Legal Decisions and Family Outcomes Craig A. Everett (Ed.), Haworth Press, New York, 1997, 234 pages, hardbound, ISBN 0-7890-0387-2 (US$ 39.95) Parties once ignored in child custody proceedings such as grandparents, stepparents, and gay parents have transformed the definition of family. In this environment, Child Custody: Legal Decisions and Family Outcomes is a beneficial work for anyone dealing with family law. This is the sort of publication that Haworth Press does well: complementary studies done by experts in their field contained in one volume. Child Custody: Legal Decisions and Family Outcomes addresses the “inextricable interactions between the legal and legislative systems and the resultant outcome patterns and dilemmas for families” (p. 1). Those who craft, implement, and interpret public policy directed toward children would benefit from this book. Child Custody: Legal Decisions and Family Outcomes is co-published simultaneously as Journal of Divorce & Remarriage, volume 28, numbers 1,2 (1997). The editor, Craig A. Everett, has been a marriage and family therapist in private practice for more than 20 years. He is the author of Healthy Divorce and has been the editor of numerous books on the subject of divorce and families. This book is divided into two sections. “Legal and Legislative Issues” contains five studies that explore judges’ attitudes, custody patterns, and an interesting use of custody data. In the second section, “Custodial Issues for Fathers, Mothers and Grandparents,” eight studies discuss custodial and non-custodial roles for fathers and mothers, including lesbian mothers. The majority of the studies follow approximately the same pattern: summary, introduction or background, methodology, results, discussion, conclusion, and references. The first study, “Judges’ Beliefs Dealing with Child Custody Decisions,” provides a brief history of child custody. Dramatic changes in child custody have occurred over the last 30 years. Prior to the 1970s, the best interests of the child were considered the primary factor in custody decisions. This usually meant being placed in the mother’s custody. Social attitudes changed in the 1970s; fathers became more involved with parenting, more mothers entered the workforce, and divorce became more prevalent. During the 1980s state legislation emphasized joint custody arrangements. This study explores judges’ attitudes toward controversial issues such as prior sexual misconduct, maternal employment, and joint physical custody. A legislative bill in New Hampshire that would reduce child support payments by noncustodial parents should they exceed 62 overnight visits with their children provides an example of using data to demonstrate a success. “An Evaluation of the New Hampshire Child Support Guidelines: Using Social Science Research to Shape Child Support Policy” de-
106
Reviews / Journal of Government Information 27 (2000) 71–110
scribes the process of using court data to determine public policy. Because of this data the legislative committee decided that the system was working and no changes were needed. “Evolution of Residential Custody Arrangements in Separated Families: A Longitudinal Study” tracks three types of residential custody arrangements over a two-year period. Children in joint custody were more likely to change residences than children in sole custody. Several reasons were presented, among them parent availability and flexibility or a possible continuation of parental conflict. The other studies in this section discuss judicial assessment of an educational seminar, Children Cope with Divorce and the relationship between child support payments and access denial. The section on custodial issues considers themes ranging from lesbian-led families to grandparent involvement with their grandchildren. Two studies explore attitudes toward lesbian-led households. In “Tendency to Stigmatize Lesbian Mothers in Custody Cases,” the authors measure the degree to which the general public is influenced by the sexual preferences of the mother when determining custody arrangements. Results indicate, among other things, a correlation between a low tendency to stigmatize and preference for awarding custody to the lesbian mother. The authors recommend a redefinition of “family,” more court reliance on experts from the social services, and further research with a larger sample. The second study, “Young People’s Attitudes Toward Living in a Lesbian Family: A Longitudinal Study of Children Raised by Post-Divorce Lesbian Mothers,” aims to identify factors that determine negative or positive family images. Although the sample group was small, acceptance of the family identity appears to be linked to stable family relationships and sensitivity within the family. According to the Census Bureau, “while the number of single mothers (9.8) has remained constant over the past three years, the number of single fathers has grown 25 percent, from 1.7 million in 1995 to 2.1 million in 1998”1. Several of the studies reflect this trend. “Noncustodial Fatherhood: Research Trends and Issues” presents a review of the research that reflects a growing interest in fathers’ involvement in child rearing. In another fatherhood study, “Post-Divorce Father Custody: Are Mothers the True Predictors of Adult Relationship Satisfaction,” the results discount the negative impact custodial arrangement was presumed to have on attachment styles or relationship satisfaction. The authors found that custody may have a slight impact on relationship satisfaction and neither divorce nor custody arrangement were related to attachment styles. The study suggests that “divorce in and of itself may be losing its importance as a useful independent variable for future study. It may be that the time has come to look beyond ‘divorce’ and toward independent variables, which will shed more light on the impact of parenting practices on children” (p. 133). The recent increase in paternal custody reveals an increase in the number of divorced mothers living apart from their children. A study of nonresidential mothers by Ginna Babcock examines coping strategies used by an understudied population of mothers without physical custody. The author recommends increased education directed toward the general public, counselors and social workers to alleviate the social stigma. “Grandparent Involvement Following Divorce: A Comparison in Single-Mother and SingleFather Families” presents a unique study into the factors that determine the level of grandparent involvement with their grandchildren. The study challenges the assumptions of previous research on the grandparent role. Factors such as gender of the custodial parent, kinship, and geo-
Reviews / Journal of Government Information 27 (2000) 71–110
107
graphic proximity affect the grandparent role more than the gender of the grandparent. The authors call for further research over a longer period of time and larger geographic area. Each study in this work contains an appropriate number of references and tables, figures, or appendices. The references reflect both depth and currency. There are a few errors in citations of government documents. In one study the U.S. Statistical Abstract is given as the author and The National DataBook is given as the title (p. 62). A different study cites the Bureau of the Census as the author of Monthly Vital Statistics Report instead of Health and Human Services (p. 48). The U.S. Statistical Abstract is given as a reference in several of the studies; the reviewer would rather see primary sources such as the Census Bureau’s Current Population Reports cited than secondary sources such as the Statistical Abstract. The book also includes an index. This compilation of studies will be useful to any student of family sociology, as well as family therapists, family court workers, and policymakers. Many of the studies recommend further research, changes in policy, or continued education. Notes 1. U.S. Bureau of the Census, Growth in Single Fathers Outpaces Growth in Single Mothers, Census Bureau Reports, Press Release CB98-228 (Washington, DC, 1998), 1.
Cindy Roupe State Library of Kansas 300 SW 10th Avenue Topeka, KS 66612, USA PII: S1352-0237(99)00136-7
Population Distribution and Migration United Nations Expert Group Meeting on Population Distribution and Migration. United Nations, New York, 1998, 400 pages, ISBN 92-1-151324-3, UN Doc ST/ESA/ SER.R/133, UN Sales No. E.98.XIII.12 (US$ 45.00) This United Nations publication is a report of the Proceedings of the United Nations Expert Group Meeting on Population Distribution and Migration in Bolivia in 1993, which was a preparation for the International Conference on Population and Development in Cairo in 1994. The work itself, however, was not published until 1998. In this work, the authors discuss various problems and aspects of the issue of population distribution and migration. The contributors are from universities on several continents, UN organizations, and other special agencies and organizations. Many of the essays discuss the problems associated with migration, while a few talk about solutions. At the beginning of the work, there are helpful explanatory notes, such as a list of abbreviations used throughout the work. The appendix information is listed in the “Annexes” at the front of the book, after the report and recommendations, giving the agenda for the meeting, a list of the contributors and their organizations, and a listing of related UN documents with doc-
105
Cheryl McCoy Government Documents University of South Florida Tampa Campus Library Tampa, FL 33620-5400, USA PII: S1352-0237(99)00137-9
Child Custody: Legal Decisions and Family Outcomes Craig A. Everett (Ed.), Haworth Press, New York, 1997, 234 pages, hardbound, ISBN 0-7890-0387-2 (US$ 39.95) Parties once ignored in child custody proceedings such as grandparents, stepparents, and gay parents have transformed the definition of family. In this environment, Child Custody: Legal Decisions and Family Outcomes is a beneficial work for anyone dealing with family law. This is the sort of publication that Haworth Press does well: complementary studies done by experts in their field contained in one volume. Child Custody: Legal Decisions and Family Outcomes addresses the “inextricable interactions between the legal and legislative systems and the resultant outcome patterns and dilemmas for families” (p. 1). Those who craft, implement, and interpret public policy directed toward children would benefit from this book. Child Custody: Legal Decisions and Family Outcomes is co-published simultaneously as Journal of Divorce & Remarriage, volume 28, numbers 1,2 (1997). The editor, Craig A. Everett, has been a marriage and family therapist in private practice for more than 20 years. He is the author of Healthy Divorce and has been the editor of numerous books on the subject of divorce and families. This book is divided into two sections. “Legal and Legislative Issues” contains five studies that explore judges’ attitudes, custody patterns, and an interesting use of custody data. In the second section, “Custodial Issues for Fathers, Mothers and Grandparents,” eight studies discuss custodial and non-custodial roles for fathers and mothers, including lesbian mothers. The majority of the studies follow approximately the same pattern: summary, introduction or background, methodology, results, discussion, conclusion, and references. The first study, “Judges’ Beliefs Dealing with Child Custody Decisions,” provides a brief history of child custody. Dramatic changes in child custody have occurred over the last 30 years. Prior to the 1970s, the best interests of the child were considered the primary factor in custody decisions. This usually meant being placed in the mother’s custody. Social attitudes changed in the 1970s; fathers became more involved with parenting, more mothers entered the workforce, and divorce became more prevalent. During the 1980s state legislation emphasized joint custody arrangements. This study explores judges’ attitudes toward controversial issues such as prior sexual misconduct, maternal employment, and joint physical custody. A legislative bill in New Hampshire that would reduce child support payments by noncustodial parents should they exceed 62 overnight visits with their children provides an example of using data to demonstrate a success. “An Evaluation of the New Hampshire Child Support Guidelines: Using Social Science Research to Shape Child Support Policy” de-
106
Reviews / Journal of Government Information 27 (2000) 71–110
scribes the process of using court data to determine public policy. Because of this data the legislative committee decided that the system was working and no changes were needed. “Evolution of Residential Custody Arrangements in Separated Families: A Longitudinal Study” tracks three types of residential custody arrangements over a two-year period. Children in joint custody were more likely to change residences than children in sole custody. Several reasons were presented, among them parent availability and flexibility or a possible continuation of parental conflict. The other studies in this section discuss judicial assessment of an educational seminar, Children Cope with Divorce and the relationship between child support payments and access denial. The section on custodial issues considers themes ranging from lesbian-led families to grandparent involvement with their grandchildren. Two studies explore attitudes toward lesbian-led households. In “Tendency to Stigmatize Lesbian Mothers in Custody Cases,” the authors measure the degree to which the general public is influenced by the sexual preferences of the mother when determining custody arrangements. Results indicate, among other things, a correlation between a low tendency to stigmatize and preference for awarding custody to the lesbian mother. The authors recommend a redefinition of “family,” more court reliance on experts from the social services, and further research with a larger sample. The second study, “Young People’s Attitudes Toward Living in a Lesbian Family: A Longitudinal Study of Children Raised by Post-Divorce Lesbian Mothers,” aims to identify factors that determine negative or positive family images. Although the sample group was small, acceptance of the family identity appears to be linked to stable family relationships and sensitivity within the family. According to the Census Bureau, “while the number of single mothers (9.8) has remained constant over the past three years, the number of single fathers has grown 25 percent, from 1.7 million in 1995 to 2.1 million in 1998”1. Several of the studies reflect this trend. “Noncustodial Fatherhood: Research Trends and Issues” presents a review of the research that reflects a growing interest in fathers’ involvement in child rearing. In another fatherhood study, “Post-Divorce Father Custody: Are Mothers the True Predictors of Adult Relationship Satisfaction,” the results discount the negative impact custodial arrangement was presumed to have on attachment styles or relationship satisfaction. The authors found that custody may have a slight impact on relationship satisfaction and neither divorce nor custody arrangement were related to attachment styles. The study suggests that “divorce in and of itself may be losing its importance as a useful independent variable for future study. It may be that the time has come to look beyond ‘divorce’ and toward independent variables, which will shed more light on the impact of parenting practices on children” (p. 133). The recent increase in paternal custody reveals an increase in the number of divorced mothers living apart from their children. A study of nonresidential mothers by Ginna Babcock examines coping strategies used by an understudied population of mothers without physical custody. The author recommends increased education directed toward the general public, counselors and social workers to alleviate the social stigma. “Grandparent Involvement Following Divorce: A Comparison in Single-Mother and SingleFather Families” presents a unique study into the factors that determine the level of grandparent involvement with their grandchildren. The study challenges the assumptions of previous research on the grandparent role. Factors such as gender of the custodial parent, kinship, and geo-
Reviews / Journal of Government Information 27 (2000) 71–110
107
graphic proximity affect the grandparent role more than the gender of the grandparent. The authors call for further research over a longer period of time and larger geographic area. Each study in this work contains an appropriate number of references and tables, figures, or appendices. The references reflect both depth and currency. There are a few errors in citations of government documents. In one study the U.S. Statistical Abstract is given as the author and The National DataBook is given as the title (p. 62). A different study cites the Bureau of the Census as the author of Monthly Vital Statistics Report instead of Health and Human Services (p. 48). The U.S. Statistical Abstract is given as a reference in several of the studies; the reviewer would rather see primary sources such as the Census Bureau’s Current Population Reports cited than secondary sources such as the Statistical Abstract. The book also includes an index. This compilation of studies will be useful to any student of family sociology, as well as family therapists, family court workers, and policymakers. Many of the studies recommend further research, changes in policy, or continued education. Notes 1. U.S. Bureau of the Census, Growth in Single Fathers Outpaces Growth in Single Mothers, Census Bureau Reports, Press Release CB98-228 (Washington, DC, 1998), 1.
Cindy Roupe State Library of Kansas 300 SW 10th Avenue Topeka, KS 66612, USA PII: S1352-0237(99)00136-7
Population Distribution and Migration United Nations Expert Group Meeting on Population Distribution and Migration. United Nations, New York, 1998, 400 pages, ISBN 92-1-151324-3, UN Doc ST/ESA/ SER.R/133, UN Sales No. E.98.XIII.12 (US$ 45.00) This United Nations publication is a report of the Proceedings of the United Nations Expert Group Meeting on Population Distribution and Migration in Bolivia in 1993, which was a preparation for the International Conference on Population and Development in Cairo in 1994. The work itself, however, was not published until 1998. In this work, the authors discuss various problems and aspects of the issue of population distribution and migration. The contributors are from universities on several continents, UN organizations, and other special agencies and organizations. Many of the essays discuss the problems associated with migration, while a few talk about solutions. At the beginning of the work, there are helpful explanatory notes, such as a list of abbreviations used throughout the work. The appendix information is listed in the “Annexes” at the front of the book, after the report and recommendations, giving the agenda for the meeting, a list of the contributors and their organizations, and a listing of related UN documents with doc-