E. Sorensen et al., JUDICIAL DECISION-MAKING IN CONTESTED CUSTODY CASES - THE INFLUENCE OF REPORTED CHILD-ABUSE, SPOUSE ABUSE, AND PARENTAL SUBSTANCE-ABUSE, Child abuse & neglect, 19(2), 1995, pp. 251-260
This study examined the relationship between allegations of maltreatme
nt and substance abuse, and custody awards in Florida. Information con
cerning the presence, or absence, of these reports was collected on 60
contested initial disposition, or disposition modification cases, and
was used to model judicial decision-making. Substantiated reports of
child and spouse abuse occurred very infrequently in our sample. Conve
rsely, substance abuse allegations occurred much more frequently. Judg
es appeared responsive to allegations of abuse with regard to awards o
f primary physical residence, despite the lack of substantiated eviden
ce. Maltreatment allegations had no apparent impact, however, on award
s of shared, versus sole, custody. Additionally, reports of parental s
ubstance abuse also had no apparent impact on judicial decision-making
. Implications of these results are discussed.