NCJ Number
154552
Journal
Child Abuse and Neglect Volume: 19 Issue: 2 Dated: (February 1995) Pages: 251-260
Date Published
1995
Length
10 pages
Annotation
This study examined the relationship between allegations of maltreatment and substance abuse and judges' child-custody decisions in Florida.
Abstract
Information on the presence or absence of such allegations was collected on 60 contested initial-disposition or disposition- modification cases; the information was used to model judicial decisionmaking. Substantiated reports of child and spousal abuse occurred infrequently in the sample. Conversely, substance-abuse allegations occurred more often. Judges were apparently responsive to allegations of abuse in the awarding of primary physical residence, despite the lack of substantiated evidence. Maltreatment allegations, however, had no apparent impact on awards of shared versus sole custody. Reports of parental substance abuse had no apparent impact on judicial decisionmaking. Study results do not support a relationship between awards of shared versus sole custody and abuse allegations. Judges followed legal statutes in awarding shared custody; however, there was a slight trend toward awarding sole custody more often, although still infrequently, in cases that involved allegations against both parents. This result many indicate judges' belief that parents still can work together on child care in spite of suspected abuse. It is also possible that judges are not willing to limit severely one parent's function in child care based on unsubstantiated allegations. 6 tables and 18 references