Adolescent Input Into Custody Decisions: Evaluating Decision-Making Capacities

Abstract

Historically, children's voices were conspicuously absent from custody decisions. In recent years, states have begun to take children's wishes into consideration under the “best interests of the child” standard. When disputes arise between parents regarding the preferences of the child about potential custody arrangements, custody evaluators are often employed by courts to gain insight into the child's preference. Though the research literature and societal values reflect that younger children may not be capable of participating in custody determinations, the proper input of adolescents is less clear. Forensic evaluators must consider adolescents' cognitive and decision-making capacities and developmental factors that may impact their abilities. The following case vignettes illustrate approaches to the consideration and evaluation of adolescents' developmental psychological capacities in relation to their input into custody proceedings.

KEYWORDS:

• child custody
• adolescent decision making
• adolescent forensic evaluation
• psychological developmental capacities
• psychosocial maturity

The authors thank Gabriela Szemes, PsyD, for her thoughtful feedback in writing this article and thank their colleagues at the Child and Family Forensic Center for their continued support.

Notes

¹ Cases have been hybridized, and identifying information has been removed or changed to protect confidentiality.

² It should be noted that, in some states, the legal standard requires the expressed preference of an a-dolescent above a specified age be given controlling weight.

Ariz. Rev. Stat. Ann. § 2-403 (2008).

In re Gault, 387 U.S. 1 (1967).

Nev. Rev. Stat.§ 125.480. (2008).

N. H. Rev. Stat. § 461-A-6. (2008).

Okla. Stat. 43 § 113. (2008).

Uniform Marriage and Divorce Act § 402, 9A U.L.A. 561. (1997).

Vt. Stat. Ann. tit. 15 § 665. (2008).

Wisconsin v. Yoder, 406 U.S. 205 (1972).