Sage Journals: Discover world-class research

Abstract

Background:

Divorce has become a common contemporary phenomenon in India. In this context, the child is pulled into the vortex of parental disputes over the child’s custody. The spiteful and protracted nature of these legal cases adversely affects the child’s mental health. Despite the growing research in the Western context, the understanding of this phenomenon and its psychosocial impact on children in India is still in its infancy. In this background, this study aimed to explore key child mental health and related psychosocial issues in the context of child custody cases in urban India.

Method:

The study explored the psychosocial complexities of child custody cases by interviewing 24 key informants using a semi-structured interview guide. The key informants comprised seven mental health professionals and seven legal professionals working in the area of child custody and access. It also included 10 parents who were contesting parties in child custody cases. They were selected using a purposive sampling method over a period of 6 months.

Results:

Seven themes identified using thematic analysis were: (a) parent–child relationship and interaction; (b) parenting dynamics; (c) parental mental health issues; (d) malicious acts by parents; (e) child’s adjustment to changes in life; (f) issues in the school context; and (g) child mental health issues.

Conclusion:

This study highlighted the potential risk factors in the familial context that adversely affect the child’s well-being and mental health in custody disputes. Therefore, interventions at the family level in the legal setting are crucial in the mitigation of these risks. In child custody cases, the coordination and liaison of child mental health professionals with the judicial system is crucial for child mental health promotion and safeguarding the best interests of the child.

Keywords

Child custody child mental health divorce remarriage stepfamilies India qualitative

Key Messages:

This study highlights the potential psychosocial factors that adversely impact the child’s mental health in custody disputes.

The findings reinforce the need for child-centric standardized guidelines in custody cases to ensure child’s participation and mental health sensitization in the legal process.

It is hence vital for the judicial system to liaison with mental health professionals to assess and address this to ensure, safeguard and promote the child’s best interests.

Over the years, statistics have repeatedly given evidence of an increasing rate of divorce and parental separation worldwide. In the wake of global scale development, the evolution in India’s socioeconomic and societal constructs has redefined gender roles. This resulted in the enculturation of the marital value system in the context of globalization, migration, nuclear households, and increased financial autonomy.^1–3 These have contributed to the increased propensity for marital breakdown over the past decade. As per the 2011 census of India, rates of marital separation and divorce in that decade increased from 0.07% to 0.8 %, particularly in urban areas.⁴

Divorce or marital separation is undoubtedly one of the most stressful life events in a family unit, and its Latin derivative means “splitting of a unit,” resulting in the separation of two spouses permanently.^5,6 Here, divorce does not end with the act of physical separation of parents; instead, it launches an acrimonious legal battle for the child’s custody.⁷ The protracted nature of these custody cases and the lack of cooperation between the separating parents have been seen to impact the child’s mental health detrimentally. In recent times, this phenomenon has also been observed in clinical practice.⁸ The changes in the child’s life post-parental separation can be looked at from the socioecological perspective, wherein the dimensions of change include the absence of a parent, change of residence and neighborhood, change in school and peer group, as well as change in routine due to commutation hours and visitation schedules.⁹ These changes result in internalizing issues such as self-blame and sadness due to the absence of a noncustodial parent or externalizing issues such as anger and avoidance of a noncustodial parent.^10,11 The absence or lack of involvement of noncustodial parents deeply most certainly impacts the child’s mental health.¹² These children also experience mental health issues, subsequently leading to interrelationship issues with peers.^13,14 The children blame themselves for parental separation, resulting in emotional problems such as depression, low self-esteem, and academic difficulties.¹⁵

Over the past several decades, research studies have established that high-conflict custody disputes are unfavorable to the child’s development, causing lasting emotional tumult, financial adversity, academic issues, and a higher risk of depression, substance abuse, and other psychiatric disorders.¹⁶ Thus, parental conflict and animosity over child custody post-separation have a detrimental impact on the mental health and well-being of the child.¹⁷ The studies in the Western context have focused on custody case-specific influence on child mental health that gave evidence to the importance of mutual support, nurturance, and consistent family rituals to reduce maladjustment in these children. In this context, studies have found that the quality rather than quantity of parenting time spent, parent–child relationship, and involvement in the child’s activities are beneficial for the child’s mental health and that interparental conflict over child custody increases mental health issues in these children.^18–20 The studies have also substantiated that a child’s adjustment and well-being in parental divorce or separation can be enhanced through parental cooperation and nurturant family environmental factors.²¹ Therefore, it is vital for separating parents to cooperate with the custody decisions and display consistent parenting.^22,23

The literature from India has mainly discussed the psychological influence of divorce on children.^2,24 However, there are no studies done to understand children’s mental health issues in the nuanced context of child custody cases. Hence, with the rise in divorce rates and subsequent child custody disputes, it is essential to explore the psychosocial issues in these children. Across the world, the key stakeholders involved in child custody proceedings primarily comprise parents and legal and mental health professionals (MHP). Therefore, in this article, we aimed to qualitatively explore the critical perspectives of these stakeholders to understand the mental health and related psychosocial issues of children involved in custody disputes in the urban Indian context.

Methods

Participants

The qualitative data were collected from 24 key informants comprised of MHP (n = 7) and legal professionals (LP) (n = 7) working in child custody and access. It also includes parents (n = 10) contesting parties in child custody cases. All the key informants had completed graduation and were residing in Bengaluru. The average duration of the custody case in the court of the parents interviewed was around 2 years. The average years of work experience in child custody cases of MHP was 12.6 years, and that of LP was 27.7 years. The sample characteristics of the key informants are presented in Table 1. The inclusion criteria of the critical informants included consenting MHP, LP, and parents. The MHP with a minimum of 10 years of experience included psychiatric social workers, family therapists, and child psychiatrists who routinely see cases about child custody disputes. The LP with a minimum of 10 years of experience included lawyers and mediators who deal with legal disputes regarding child custody and access. The parents constituted those who specifically petitioned for child custody in the Bangalore Urban Family Court under the Guardian and Wards Act, 1890 (G&WC). The objective was to understand the child’s mental health issues, familial factors, and legal processes involved in the child custody cases from the key informants’ perspectives to formulate child-centric recommendations for the legal system. Hence, a purposive sampling technique was used to select participants whose characteristics are defined for a purpose relevant to the study. These key informants were selected using a purposive sampling method within six months (February 2019–July 2019). Twenty-six participants were obtained during this period. However, two parents were not included as they later withdrew their consent due to unavailability. Hence, only 24 participants (7 LP, 7 MHP, and 10 parents) who fulfilled the criteria and consented to participate in the study were included. The sample size determination for each subgroup was based on the Braun and Clarke guidelines²⁵ for analysis of small projects, wherein 6–10 participants are recommended for interviews. Based on this, the doctoral candidate determined the range of 6–10 for each category and approved it by the supervisors. Even though theoretical data saturation (when no further codes are found) was attained with less than five interviews in each category of key informants, the range was applied for the six months of data collection.

Table 1.

Sample Characteristics of the Key Informants (N = 24).

Characteristics		Parents (n = 10)	Mental Health Professionals MHP (n = 7)	Legal Professionals LP (n = 7)
Gender	Male	5	3	2
Gender	Female	5	4	5
Residents of Bengaluru		10	7	7
Educational qualification— completed graduation		10	7	7
Average duration of each interview		67 minutes	40 minutes	53 minutes
Average years of professional experience in child custody cases			12.6 years	27.7 years
Average duration of a custody case		24.9 months

Procedure

The study was initiated after receiving written approval from the Institute Ethics Committee (Ref: NIMH/DO/IEC(BEH.Sc.DIV)/2018). Subsequently, the researcher sought permission for data collection from the authorities at the Bangalore Mediation Centre (Family Court, Bengaluru Urban), the Department of Child and Adolescent Psychiatry of a tertiary care psychiatric hospital in Bengaluru, India, and parents’ rights nongovernmental organizations (NGOs). The first author individually approached each participant to explain the particulars of the study using a participant information sheet. Those participants who provided written consent for the audio-recorded interviews were included in the study. They were informed that their participation in the study was voluntary and could withdraw from the study at any time.

For the data collection, the first author developed an interview guide from key informants to explore psychosocial issues and processes related to child custody cases. The sample questions from the interview guide are attached in Appendix A. The same interview guide is used for face-to-face qualitative interviews of legal and MHP and parents involved in custody cases. It was used to explore the mental health and familial concerns of children in child custody cases. The process of developing the interview guide comprised of identifying themes in literature, followed by its content validation by three MHP as well as three legal experts working in the area of child custody with over 10 years of experience, wherein they reviewed this list of open-ended questions for repetition, content validity, sequential order, objectivity, appropriate phrasing, and comprehensiveness. This semi-structured interview tool provided a focused yet flexible framework of questions that facilitated the key informants toward reflective thinking, free and open discussion, and development of ideas.²⁶ All the questions in the interview guide questions were asked in the listed order, and the probes were mentioned in brackets to elaborate further on the discussion during the open-ended interviews. In cases where the interviewees gave summarized responses, the probes were used to elaborate the information further and add to the richness of the data. Example: A question was “Can you describe your professional experience about the referred child custody cases?” The probes were “Indications for referral, frequency, the mental health of child and parents, type of parenting, interventions are given, session duration.”

Data Analysis

Each participant’s interview session lasted an average of 40 minutes and was audiotaped with their consent. All interviews were transcribed in Word with a simple transcription method by familiarizing the data. The transcribed texts of the data were thematically analysed using ATLAS.ti 8 software. The analysis steps were streamlined with the use of the analysis software. The thematic analysis was done using the six-step method by Braun and Clarke of familiarizing data, generating codes, searching for themes, reviewing, defining, and reporting themes with a primary focus on the semantic content of the transcripts. The iterative process in the analysis is described in Figure 1. The researcher did the coding, and following which, the two doctoral supervisors, in a reflexive manner, made sense-check ideas and explored and discussed multiple assumptions or interpretations of the data. The authors, with their professional clinical experience in child mental health, were able to reflect on the findings and related family dynamics in child custody cases. They could imagine how the children felt in situations described and experienced by participants and looked for insights, similarities, and differences in the data. It was a collaborative and reflexive exercise between the doctoral researcher and supervisors aiming to achieve more decadent interpretations of meaning rather than attempting to achieve consensus of meaning in the context of child custody. The study used an inductive approach to analyse the transcripts wherein codes and themes were derived from the data content and guided by the literature review and the researcher’s clinical experiences and knowledge from working with child custody cases.²⁷

Figure 1.

Flowchart of the Steps in Thematic Analysis Based on the Six-step Method by Braun and Clarke (2006).

Results

The final seven themes identified using thematic analysis were: (a) parent–child relationship and interaction; (b) parenting dynamics; (c) parental mental health issues; (d) malicious acts by parents; (e) child’s adjustment to changes in life; (f) issues in the school context; and (g) child mental health issues. Table 2 provides the coding structure with the themes, subthemes, description, and selected relevant quotations. The number of key informants reporting a specific theme has also been depicted alongside each theme. We used numerical in place of the participants’ names to ensure anonymity. The numbers are assigned in the order of the data collected. The numeric codes are separate for the parents, MHP, and LP, and these abbreviations are mentioned before each numeric to indicate the participant type.

Table 2.

Coding Structure with Themes, Sub-themes and Selected Quotations.

Themes with Description	Sub-themes with Quotations
Parent–child relationship and interaction (derived from nine parents, five LP, and six MHP) This theme highlights the intricate dynamics of parent–child relationships. When children form alliances with one parent, it suggests a preference or stronger bond with that parent. Simultaneously, the rejection towards the other parent may stem from perceived differences, conflicts, or negative experiences within the relationship. Hostility could manifest as anger, criticism, or aggression, while coercion may involve manipulation, control, or imposing one’s will onto the child.	• Alliance and rejection towards parents MHP 3: “A child is more worried …in terms of now at least I’m getting the attention of my mother so if my mother also disowns me where I will go so if the child would have been with the father then the child is more worried if the father would disown … so, to deal with those thoughts, there will be supporting to either one of the parents then opposed the other parent… like an alliance with one parent”
	• Hostility and coercion toward child Parent 7: “As far as the law is concerned my son started talking to the lawyer and saying I don’t want to go with father, his father got nasty and forced him to go with him… as payback he made my son suffer for our marital issues… instead of protecting child… he deliberately harmed him emotionally.”
Parental dynamics (derived from nine parents, five LP, and two MHP) This theme shows the dysfunctional aspects of parental dynamics. The themes of non-cooperative behavior suggest a lack of collaboration or teamwork between parents, which can lead to increased conflict and instability in the parent subsystem. The conflicts in the child’s presence may result in confusion and uncertainty for the child, as they may struggle to understand boundaries and expectations.	• Parental noncooperation LP 4: “parents take an adamant stand and not cooperate with each other… it’s not in the interest of the child… they think money can buy anything…. their mind is fixed on winning the case… they are not concerned about the child’s welfare” Parent 5: “she was holding the child inside the courtroom, and she was not leaving the child with me then I was looking at the child and she looked away towards the mother who was rolling her eyes… she was controlling the child and stopping her from coming to me”
	• Parental conflict in the presence of child Parent 8: “All this has impacted my children’s mental health… they are always worried about the weekends… how will father react… he fights in their presence to me.”
Parental mental health issues (derived from six parents, two LP, and two MHP) This theme shows the emotional turmoil experienced by the parents in custody disputes. Mood swings and anger outbursts can create a tense and unstable atmosphere within the parent–child interaction. It also reflects the impact of parental mental illness on trust and communication within the parental interactions. The lack of trust between parents can lead to restrictive behaviors and a sense of confinement for both the parent and child. It shows how mental illness can exacerbate existing relationship challenges, fostering an environment of doubt and vigilance that further strains familial bonds.	• Mood and anger issues Parent 4: “I’m also taking treatment for depression due to all these stressors… was on medication. now I’m better after 2 months of treatment”.
	• Suspicion and insecurity LP 3: “it’s very pathetic, see one of the parents doesn’t trust another parent so it is kept in a commonplace so what will happen? Father or mother is not left to go freely and interact with the child… they are always suspicious of each other’s interactions.”
Malicious acts by parents (derived from eight parents, five LP, and three MHP) This theme underscores the manipulation and coaching of children by one parent against the other. Children are coerced into delivering messages or adopting negative behaviors toward a parent, often at the behest of the manipulating parent or other relatives. It highlights the emotional manipulation and psychological pressure imposed on children, disrupting their sense of trust and security within the family unit. This theme explores the damaging effects of parental bad-mouthing and false accusations on children’s emotional health. Parents engage in disparaging remarks and false allegations against each other in front of the child, creating a toxic environment filled with hostility and mistrust.	• Manipulating and coaching child LP 6: “Suddenly the child comes in some mediation room and tells mama did this mama did that mama was doing this… when I said who asked you to tell all these things beta? Did I ask you all these things? …child said no, my father told me to tell you this, uncle told me to tell you this, grandma told me, somebody is asking her to go and tell this to the mediator” Parent 4: “so, on the first visit, what she did, she continuously kept telling to her mother “I want to go, I want to go” …that statement was made 250 times, that is one thing … and the child said, I’m money-minded, and she said that give me your flat…such words and ideas are not expected from such a young child”
	• Parents bad-mouthing and making false allegations LP 5: “others go say the child see your mother is useless … father is useless and make things worse… they discuss the dispute information in the presence of the growing child… this deeply hurts the child” MHP 7: “I have worked with many of them who have even tried to fool us… for example, if I have a fight with my wife and then I use my child also so that I have my child custody … So the challenges for us is when it is a child custody issue is to be careful with the documentation and evaluate the child objectively… because many times parents fake and falsely report symptoms so that they get a favourable judgment…… so we need to be cautious in our report
Adjustment to changes in child’s life (derived from nine parents, four LP, and three MHP) This theme discusses the impact of extended family members on the family dynamic. It underscores the potential for extended family involvement to exacerbate conflicts and contribute to emotional distress within the family unit. This theme explores the complexities that arise from parents’ remarriage or forming new partnerships. This dynamic adds to the child’s emotional turmoil, as they navigate their changing family structure and relationships. Additionally, financial struggles pose a significant theme, impacting parental decision-making and family dynamics. The parent’s desperate financial situation forces them to make compromises, such as agreeing to arrangements that may not be in the best interest of their children, in exchange for financial support. Overall, these thematic elements highlight the multifaceted nature of child custody disputes, involving not only legal and logistical challenges but also emotional, familial, and financial factors that profoundly impact the well-being of the child and the dynamics between the parents.	• Involvement of extended family involvement of extended family Parent 2: “ my wife’s sister came down from Dubai and her husband ..that day they locked my son up in a room and there were saying a lot of nonsense him and told them that this is not your houses, you are not going to stay here, you go back to your father’s house go and stay there and we have to take mamma to Dubai and they actually harassed him”
	• Parents’ remarriage and re-partnering LP 2: “The father who now has a girlfriend who has a 3- or 4-years old daughter…so the child feels jealous then he’s close to that child, she wants the father for herself…that creates a lot of distress in the child when she visits the father”
	• Financial adversity Parent 8: “Because I was in a desperate situation with regards to finances, I was not able to pay for the school fees so we had discussed and we had a reach an arrangement, where he would pay for the fees for the 3 children and in return get more visitation time and overnights with my sons… I had to agree to this even though I know he is an abusive man… I was helpless as the court had not helped with my maintenance amount”.
Issues in school context (derived from seven parents, one LP, and two MHP) The recurring theme of declining academic performance highlights the detrimental effects of parental discord on the child’s ability to focus and succeed in school. It underscores how custody disputes can manifest in tangible academic consequences for the child, as their grades suffer amid the turmoil at home. Additionally, change of school during parental separation reflects the upheaval and instability experienced by the child as a result of parental decisions made within the custody dispute. The child’s resistance to the change and the subsequent legal intervention required to redirect their schooling indicate the distress and disruption caused by parental conflict and unilateral decisions regarding the child’s education. This theme underscores the child’s loss of stability and familiarity, further complicating their adjustment and well-being during the custody dispute. Lastly, parental discord displayed in school premises exposes the child to public embarrassment and social discomfort. Witnessing parental conflict in front of peers and school staff can deeply impact the child’s sense of security and social standing. This highlights how parental behavior in public settings can directly affect the child’s emotional resilience and social integration within the school environment.	• Decline in academic performance LP 6: “child also say I’m not studying because my parents are separated… they make excuses… parents also fight about the academic performances and blame each other …. child will say that I can’t concentrate because the father is not with us… hence their grades fall.”
	• Change of school Parent 3: “My son was going through hell at that time when he was forcefully admitted to boarding school by his mother… he was like I don’t want to go to boarding school someone stops it I don’t want to go away… I was forced to go to the supreme court to actually pass orders directing another day boarding school to admit him later… it was so stressful for him”.
	• Parental discord in school premises parental discord in school premises Parent 7: “you have a father who is coming to school and screaming at me and the receptionist in front of others in school… when the child was a very small kid… the same thing happens in front of the school bus… all his classmates witness it …so embarrassing for him .. the child refuses to go to school after such incidents”
Child mental health Issues (derived from 10 parents, 2 LP, and 7 MHP) This theme shows how parental behaviors significantly influence a child’s upbringing and development. The reference to previous dysfunctional themes suggests that the parental behaviors are not conducive to healthy parent–child relationships or optimal child development. The child becomes a pawn in the parents’ conflict, exposed to harmful communication and negative perceptions about their caregivers, which can deeply impact their self-esteem and sense of stability. Overall, it sheds light on the multifaceted impact of custody disputes on child mental health, encompassing emotional distress, behavioral issues, and psychosomatic symptoms. The child becomes a vulnerable bystander caught amidst parental conflict, experiencing tangible consequences in their psychological and physical well-being as a result.	• Emotional distress Parent 9: “even during exams she is disturbed by the visitation… she wants to study in her familiar environment, but the father doesn’t permit… she gets stressed out and starts crying… but I am helpless as it’s a court order.”
	• Behavioral issues Parent 7: “on the days of forced visitation, my home turns into a hell literal hell… when my son is unwilling to go with his father, he is throwing things on the floor and screaming and shouting …. His father doesn’t even bother about child’s distress… he drags the child and goes saying its court order.” MHP 4: “In situations where the parents are unwilling to be mindful, we often see that child behaves like a much younger child and will have an outburst, will start acting out as how the parent will describe it.”
	• Anxiety and psychosomatic symptoms Parent 3: “custody exchanges cause extremely high anxiety for my child… he clings to me and is very stressed about going back to his mother’s house as they will pressurize him to tell what all happened during the visitation with me. My child is put through constant stress by his mother” Parent 6: “. And then afterward, he began to get worried about the stress that you know that mom and dad are not together. But then I began to ask him the reason for it, he said that his father would tell you that your mother is simply creating a fight. So that stresses him, and it shows in the form of this atopic skin allergy or stomach aches”

The first theme of “parent–child relationship and interaction” revealed how the children are made to alienate and align and thereby triangulated between the parental feud over the child’s custody and coerced to choose between the two parents, creating loyalty conflict in them. The second theme of “Parental dynamics” depicted the noncooperative, inconsistent, controlling, and overindulgent parenting practices adopted by the parents during custody disputes. The most discussed theme was that of “Malicious act by the parents” where they engage in fabrication, false allegation, coaching child, and other malpractices along with blatant flouting of court orders. The theme of “Parental Mental Health issues” in terms of mood dysregulation and suspicion also contributes to the themes mentioned above. Apart from these, the theme of “Child’s adjustment to changes in life” discussed the issue of dealing with parents’ remarriage, getting separated from a sibling, financial issues, and involvement of other family members in the custody issue. In the social context, the “Issues in School context” theme illustrated issues of change in school, academic decline, and parental disputes on the school premises. All of these themes have thereby directly or indirectly influenced the last theme of “child mental health issues.” Figure 2 depicts the frequency of quotations on familial and other psychosocial issues in child custody cases. It depicts that the theme of malicious acts by parents had the highest frequency, followed by the theme of issues in parent–child relationships and interactions.

Figure 2.

Frequency of Quotations Mentioning the Themes of Familial and Other Psychosocial Issues in Child Custody Cases.

The results of the semantic linkages of child mental health issues with psychosocial issues based on co-occurring themes (Figure 3) depict the following:

The child’s behavioral issues were associated with a decline in academic performance and hostility and coercion toward the child.

The child’s emotional distress was associated with a decline in academics and parental suspicion and insecurity.

It also depicted that the child’s anxiety and psychosomatic symptoms were associated with parents badmouthing each other and parental conflicts in the presence of the child.

The subthemes associated with parental conflict in the child’s presence showed further association with parental noncooperation, noncompliance, interference with court orders, and the involvement of extended family members.

Parental discord on school premises could also be a part of this subtheme. Therefore, the “child mental health issues” theme has a direct semantic linkage with all the other themes.

Figure 3.

Semantic Linkages of Child Mental Health Issues With Psychosocial Issues Based on Co-occurring Themes.

Discussion

Regarding the family dynamics and parent–child relationships, the findings show hostile and skewed patterns of interaction. The theme of malicious acts by parents had the highest reported frequency of quotations in the transcript, followed by issues in parent–child relationships and interactions. It comprised of codes such as allegations, manipulation of the child, badmouthing the other parent, interference with the court orders, parental alliance and alienation, parental control, parental indulgence, parental noncooperation, and parental conflict in the presence of a child. These study findings have shown negative parent–child interaction patterns and controlling and overindulgent parenting practices. It also showed parental noncooperation, discord, and limited access to noncustodial parents, which could have contributed to the alliance and preference of custodial parents and hostility towards noncustodial parents. The intensity and severity of these parental disagreements are key contributing factors to the child’s maladjustment in this context.²³ The findings in the thematic map regarding how the skewed family interactions and relationship dynamics were associated with the child’s emotional symptoms are similar to those in the Western literature.^28–30 Studies have consistently discussed the heightened risk of emotional issues in children following a conflicted parental separation and legal disputes.^21–24,31 A study by Lebow and Newcomb in 2007 found that the triangulation of the child in a parental dispute is a pathological circumstance arising from child custody disputes. They are unnecessarily exposed to the pressures and complexities of the legal system.^16,32 The parental interpersonal relationship issues escalate from verbal to physical violence, resulting in four times more likelihood of psychological issues compared to those in non-conflict settings.³³ The results showed that the custodian parents’ excessive control over the child was a predictor of childhood mental health issues. The literature also accounts for parents being overprotective and controlling their children in high-conflict custody disputes.²³ A study found that intrusiveness and enmeshment in parent–child boundaries emotionally traumatized children.^34,35 In the subthemes, many reported skewed and distorted family communication patterns, compromising the child’s sense of security, stability, and coping.^16,36 A lack of cooperation, respect, and trust characterizes the parent–child relationship in child custody disputes.³⁷ Therefore, a secure and positive parent–child relationship is crucial for the mental well-being of children.²³

The “Adjustment to changes in child’s life” theme comprises relevant subthemes such as parents’ remarriage and re-partnering, extended family involvement, and financial adversity. It showed that children’s difficulties in adjusting to changes in their lives post- parental separation were associated with parental remarriage, change in living arrangements including extended family, relocation, and financial adversities. It also discussed issues relating to the change of school and subsequent difficulties in adjustment. Regarding the findings of academic impact on children, studies expansively discussed the detrimental impact of change in school due to relocation, wherein the child has difficulty making new friends, academic difficulties, and subsequent adjustment issues.^31,38–40 The issue of monetary adversities post-parental separation and divorce is common. Besides the psychological stress associated with familial breakdown, the need to sustain the family on a single parental income, particularly in maternal custodianship, results in increased work hours and a decrease in positive parent–child quality time and interactions. This sudden dip in economic status significantly impacts a child’s adjustment and well-being.²³ Additionally, the research showed that one of the important determinants of custody decisions and visitation in court was parents’ income, wherein monetary issues were associated with a decreased chance of gaining a child’s custody.⁴¹ Studies on relocation found that long-distance separation from one parent in childhood was associated with serious behavioral issues, relational disturbances with the parents, anxiety, and depression plan.^42,43 Therefore, the relocation should be contingent on the court’s assessment and evaluation of the need and relevance of the move, given the child’s best interest and provision from continued access to the noncustodial parent through a revised custody arrangement plan. It also highlights the need for the courts to consider the child’s wishes and concerns about the decision to relocate.^16,42 Additionally, the early transitions like re-partnering or remarriage of parents can be stressful for the child and detrimentally impact the child’s adjustment compared to those who experience this transition in the later years of parental separation. This challenges the parent–child relationships and family adjustment and adaptation. Therefore, psychotherapy is recommended for parents and children to deal with these unavoidable transitions effectively.⁴⁴ However, in some cases of the non-cooperative biological father, it was also observed that the stepfather was more involved and engaged in the child’s activities and thereby performed effective co- parenting roles. This shows the positive approach to incorporating step-parents into the lives of children within the existing custody arrangement.⁴⁵

One of the major impediments in the child custody evaluation process is the parents’ misuse of legal provisions and false allegations of intimate partner violence, child victimization, and child sexual abuse. Due to this, evaluators need to wade through this web of lies and seek objective and unbiased information regarding the allegations. Hence, in case of such legal issues, interviews with the child, liaison with forensic experts in the concerned areas, and corroborating with collateral information and forensic reports will help resolve the matter. If the allegations made by the parent are proven false, it is an indicator of parental misfit. However, in case it is proven true, it is obligatory on the part of the evaluator to ensure the child’s protection and safeguard from the abusive parent using restricted or supervised or even termination of access.^46,47

All of these above-stated psychosocial issues adversely impact the mental health of those involved, particularly the children. The results of this study revealed mental health issues in parents, such as mood disorders, anger issues, insecurity, and suspicion that influenced interparental interactions. The cooccurrence of themes also showed that child mental health was associated with academic issues, parental mental health, parental conflicts, and noncooperation. The study showed consistent findings of mental health issues in both the child and the parents. This is like other studies in this area wherein they reported that children in custody cases predominantly show signs of loneliness, guilt, powerlessness, rejection, anxiety, overgeneralizing, and other cognitive errors, as well as fear of abandonment.⁴⁷ Literature shows that parents with mental illness subject their children to neglect and abuse. This could be in the form of authoritarian parenting, punitive parenting styles, along with emotional abuse in the form of isolation, abandonment, insults, yelling, and frightening.^{36, 49,50} This impacts the child’s mental health, and vicariously, the child learns and begins to show behavioral and conduct issues.⁵¹ Hence, in cases of abuse, restricting parental access protects the child’s mental health. Therefore, it is vital in custody cases to refer both the child and parents for mental health evaluation and interventions. Studies in the Western context emphasize parental mental health as a key determinant of parental capacities and custody decisions.^41,52–54 This also highlights the imperative role of child MHP as child custody evaluators to enable child-centric custody decisions.⁵⁵

The study is part of the first author’s doctoral research conducted in urban Bengaluru to understand the psychosocial issues in the context of child custody disputes filed in the Bangalore Urban Family Court under the G&WC. The credibility of the study’s findings is depicted in Figure 1, which gives attention to methodological transparency and rigor, such as the detailed descriptions regarding data collection and analysis procedures. Also, confirmability, which pertains to the neutrality and objectivity of the research findings, is discussed in the iterative data analysis process.

A limitation of the study is that since it is conducted in urban settings, the sociocultural background of rural and urban areas will differ. This will impact the transferability, which concerns the applicability of the findings to other contexts or populations. Also, the authors faced significant challenges in the data collection process of authorization from competent legal authorities. Due to this, there was a significant delay in sanctioning the permission for data collection. Additionally, due to the ongoing litigation, the parents were apprehensive about the impact of their participation in their case proceedings, which made it exceedingly difficult to recruit study participants, causing further delay. Another limitation regarding methodological rigor is that the study protocol was designed to interview stakeholders (parents, LP, and MHP) in child custody disputes and analyse this data as derived from a single source of stakeholders using individual interviews. The use of triangulation in qualitative research helps to strengthen credibility, reliability, and greater scientific accuracy. One of the study’s limitations is that it did not do data triangulation, which could have minimized bias resulting from a single analytical perspective. Another area for improvement of the study is that due to the sub-judice nature of the topic, the dependability of data is hindered by the absence of systematic approaches to data verification. These limitations underscore the need for future research endeavors to prioritize qualitative rigor through meticulous attention to these methodological procedures.

Based on empirical research published over the past two decades, this is the first Indian study in the context of child custody disputes in which the views of multiple stakeholders were studied. These findings have, therefore, reinforced the need for establishing guidelines in child custody proceedings to protect the child’s best interest and thereby promote the child’s mental health. Hence, there is a need to integrate child-centric court processes, custody evaluation, and parental counseling interventions to protect and promote child mental health in custody cases. This is depicted in the conceptual framework (Figure 4).

Figure 4.

Conceptual Framework for Child Mental Health Promotion in Custody Dispute Cases.

Conclusion

This study highlighted the potential risk factors in the familial context that adversely influence the child’s well-being and mental health in custody disputes. Therefore, interventions at the family level in the legal setting are crucial in mitigating these risks. In child custody cases, the coordination and liaison of child MHP with the judicial system is crucial for child mental health promotion and safeguarding the child’s best interests. This study, therefore, reinforces the need for child-centric recommendations to the legal system to enhance child participation, mental health awareness, and sensitivity in the legal system.

Footnotes

Acknowledgements

The authors express gratitude to the stakeholders who participated in the study.

Declaration of Conflicting Interests

The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Declaration Regarding the Use of Generative AI

None used.

Ethical Approval

Approval was obtained from the Institutional Ethics Committee, NIMHANS, Bangalore [Ref: NIMH/DO/ IEC(BEH.Sc.DIV)/2018]. Written informed consent was obtained from the participants.

Funding

The authors disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This study is a part of the first author’s doctoral research approved by the Institutional Ethics Committee (Ref:NIMH/DO/IEC(BEH.Sc.DIV)/2018)and funded by the University Grants Commission (Ref: 1299/JUNE 2015).

References

Ariplackal

and George

. Psychological components for marital distress and divorce in newlywed Indian couples. J Divorce Remarriage, 2015; 56(1): 1–24.

Thadathil

and Sriram

. Divorce, families and adolescents in India: a review of research. J Divorce Remarriage, 2020; 61(1): 1–21.

Premsingh

and Philip

A study on increasing the divorce rate in Kerala. IOSR J Humanit Soc Sci, 2014; 19(6): 58–60.

Jacob

and Chattopadhyay

Marriage dissolution in India: Evidence from census 2011. Econ Pol Weekly, 2016; 51(33): 25–27.

Gähler

. “To divorce is to die a bit…”: A longitudinal study of marital disruption and psychological distress among Swedish women and men. Family J, 2006; 14(4): 372–382.

Michael

. A study on the psychological well-being and quality of life of divorced Muslim women. PhD Thesis, Mahatma Gandhi University, India, 2013.

Nambiar

, Jangam

, Jose

, . Predictors of behavioral and emotional issues in children involved in custody disputes: a cross-sectional study in urban Bengaluru. Asian J Psychiatr, 2022; 67: 102930.

Nambiar

, Jangam

and Seshadri

. Parental Alienation: Case Series from India. Indian J Psychol Med, 2023; 45(3): 304–306.

Reupert

. A socio-ecological framework for mental health and well-being. Adv Ment Health, 2017; 15(2): 105–107.

10.

Kumar

. Impact of divorce on children: A socio-economic and legal study. NALSAR Law Rev, 2011; 6(1): 124–39.

11.

Mattoo

and Ashai

A study on impact of divorce upon the attitude and social relations of women in Srinagar district. Studies Home Commu Sci, 2012; 6(2): 113–120.

12.

Ramachandrappa

. Causes and consequences of divorce in Bangalore city—A sociological approach. J Human Soc Sci, 2012; 4(4): 6–9.

13.

Garriga

and Härkönen

. The effects of marital instability on children’s well-being and intergenerational relations. EQUALSOC State-of-the-art report. Pompeu Fabra University and Stockholm University, 2009.

14.

Jeyaseelan

and Munuswamy

Parental separation and anxiety among adolescent girls. Int J Appl Res, 2016; 2(8): 572–575.

15.

Wallerstein

and Lewis

. The unexpected legacy of divorce: Report of a 25-year study. Psych Psychol, 2004; 21(3): 353.

16.

Elrod

. Reforming the system to protect children in high conflict custody cases. Wm. Mitchell L Rev, 2001; 28: 495.

17.

Portes

, Howell

, Brown

, . Family functions and children’s postdivorce adjustment. Am J Orthopsychiatr, 1992; 62(4): 613.

18.

Adamson

. Quantity versus quality of nonresident father involvement: Deconstructing the argument that quantity doesn’t matter. J Child Custody, 2018; 15(1): 26–34.

19.

O’Hara

, Sandler

, Wolchik

, . Parenting time, parenting quality, interparental conflict, and mental health problems of children in high-conflict divorce. J Fam Psychol, 2019; 33(6): 690.

20.

Sandler

, Wheeler

and Braver

. Relations of parenting quality, interparental conflict, and overnights with mental health problems of children in divorcing families with high legal conflict. J Fam Psychol, 2013; 27(6): 915.

21.

Amato

, Kane

and James

Reconsidering the “good divorce.“

Fam Relat, 2011; 60(5): 511–524.

22.

Bergström

, Fransson

, Hjern

, . Mental health in Swedish children living in joint physical custody and their parents’ life satisfaction: A cross-sectional study. Scand J Psychol, 2014; 55(5): 433–439.

23.

Kelly

and Emery

. Children’s adjustment following divorce: Risk and resilience perspectives. Fam Relat, 2003; 52(4): 352–362.

24.

Maitra

and Gayathri

. Divorce trends and its implications for children’s well-being: A study of family court in Mumbai. Report, India, 2015.

25.

Clarke

and Braun

. Successful qualitative research: A practical guide for beginners. 1st ed. SAGE Publications Ltd., 2013.

26.

Smith

and McCarthy

The development of a semi-structured interview to investigate the attachment-related experiences of adults with learning disabilities. Br J Learning DisabiliT, 1996; 24(4): 154–160.

27.

Braun

and Clarke

Using thematic analysis in psychology. Qual Res Psychol, 2006; 3(2): 77–101.

28.

Amato

and Afifi

. Feeling caught between parents: Adult children’s relations with parents and subjective well-being. J Marriage Fam, 2006; 68(1): 222–235.

29.

Emery

, Laumann-Billings

, Waldron

, . Child custody mediation and litigation: custody, contact, and co-parenting 12 years after initial dispute resolution. J Consult Clin Psychol, 2001; 69(2): 323.

30.

Lamb

and Kelly

. Using the empirical literature to guide the development of parenting plans for young children: A rejoinder to Solomon and Biringen. Fam Court Rev, 2001; 39(4): 365–371.

31.

Amato

and Cheadle

. Parental divorce, marital conflict, and children’s behavior problems: A comparison of adopted and biological children. Soc Force, 2008; 86(3): 1139–1161.

32.

Lebow

and Newcomb Rekart

. Integrative family therapy for high-conflict divorce with disputes over child custody and visitation. Fam Proc, 2007; 46(1): 79–91.

33.

Goodman

, Bonds

, Sandler

, . Parent psychoeducational programs and reducing the negative effects of interparental conflict following divorce. Fam Court Rev, 2004; 42(2): 263–279.

34.

Johnston

. High-conflict divorce. Fut Child, 1994; 1(1): 65–82.

35.

Kelly

and Johnston

. The alienated child: A reformulation of parental alienation syndrome. Fam Court Rev, 2001; 39(3): 249–266.

36.

Johnson

. Apples and oranges in child custody disputes: Intimate terrorism vs. situational couple violence. J Child Cust, 2006; 2(4): 43–52.

37.

Strohschein

. Parental divorce and child mental health trajectories. J Marriage Fam, 2005; 67(5): 1286–1300.

38.

Austin

. A forensic psychology model of risk assessment for child custody relocation law. Fam Court Rev, 2000; 38(2): 192–207.

39.

Morewitz

. Impact of conflicted child custody on school, behavioral, and social outcomes: An ecological approach. Hand Child Cust, 2016; 243–54.

40.

Newton

. Obtaining and analyzing school-related data in a child custody evaluation. J Child Cust, 2011; 8(3): 189–211.

41.

Raub

, Carson

, Cook

, . Predictors of custody and visitation decisions by a family court clinic. J Am Acad Psychiatr Law Online, 2013; 41(2): 206–18.

42.

Braver

, Ellman

and Fabricius

. Relocation of children after divorce and children’s best interests: New evidence and legal considerations. J Fam Psychol, 2003; 17(2): 206.

43.

Stevenson

, Fabricius

, Braver

, . Associations between parental relocation following separation in childhood and maladjustment in adolescence and young adulthood. Psychol Public Policy, Law, 2018; 24(3): 365.

44.

Anderson

and Greene

. Transitions in parental re-partnering after divorce. J Divorce Remarriage, 2005 Aug; 43(3–4): 47–62.

45.

Ganong

, Coleman

, Jamison

, . Divorced mothers’ coparental boundary maintenance after parents repartner. J Family Psychol, 2015; 29(2): 221.

46.

Bow

and Boxer

Assessing allegations of domestic violence in child custody evaluations. J Interp Viol, 2003; 18(12): 1394–1410.

47.

Thoennes

and Tjaden

. The extent, nature, and validity of sexual abuse allegations in custody/visitation disputes. Child Abuse Neg, 1990; 14(2): 151–163.

48.

Vélez

, Wolchik

, Tein

, . Protecting children from the consequences of divorce: A longitudinal study of the effects of parenting on children’s coping processes. Child Develop, 2011; 82(1): 244–257.

49.

Jaffe

, Johnston

, Crooks

, . Custody disputes involving allegations of domestic violence: Toward a differentiated approach to parenting plans. Fam Court Rev, 2008; 46(3): 500–522.

50.

Bancroft

, Silverman

, and Ritchie

. The batterer as parent: Addressing the impact of domestic violence on family dynamics. Sage Publications; 2011.

51.

Abbassi

and Aslinia

. Family violence, trauma, and social learning theory. Journal of Professional Counseling: Pract Theor Res, 2010; 38(1): 16–27.

52.

Herman

. Practice parameters for child custody evaluation. J Am Acad Child Adoles Psychiatr, 1997; 36(10): 57S–68S.

53.

Kundra

and Alexander

. Termination of parental rights proceedings: Legal considerations and practical strategies for parents with psychiatric disabilities and the practitioners who serve them. Psychiatr Rehabilit J, 2009; 33(2): 142.

54.

Warshak

. Social science and parenting plans for young children: A consensus report. Psychol Public Policy Law, 2014; 20(1): 46.

55.

Patel

and Choate

Conducting child custody evaluations: Best practices for mental health counselors who are court-appointed as child custody evaluators. J Ment Health Counsel, 2014; 36(1):18–30.

Psychosocial Perspectives on Child Mental Health in Custody Disputes: A Qualitative Study from India

Abstract

Background:

Method:

Results:

Conclusion:

Keywords

Key Messages:

Methods

Participants

Procedure

Data Analysis

Flowchart of the Steps in Thematic Analysis Based on the Six-step Method by Braun and Clarke (2006).

Results

Frequency of Quotations Mentioning the Themes of Familial and Other Psychosocial Issues in Child Custody Cases.

Semantic Linkages of Child Mental Health Issues With Psychosocial Issues Based on Co-occurring Themes.

Discussion

Conceptual Framework for Child Mental Health Promotion in Custody Dispute Cases.

Conclusion

Footnotes

Acknowledgements

Declaration of Conflicting Interests

Declaration Regarding the Use of Generative AI

Ethical Approval

Funding

References