![\"\"](\"http:\/\/blog.richmond.edu\/pilr\/files\/2021\/10\/Davis-In-post-300x192.jpg\")
<\/p>\nBy: Kira Davis<\/p>\n
The \u201cbest interests of the child\u201d has become the fundamental consideration in family courts.[1]<\/a> In order to determine what is in the child\u2019s \u201cbest interests\u201d when deciding custody arrangements, courts consider multiple factors.[2]<\/a> These factors include the child\u2019s age, which party can continue to provide the child\u2019s current routine, and which party is able to meet the child\u2019s physical needs, among others.[3]<\/a> However, the issue here is whether the courts determination of a child\u2019s \u201cbest interest\u201d also meets the child\u2019s emotional needs. An individual\u2019s ability to meet the child\u2019s emotional needs is essential in determining custody.[4]<\/a> To understand the impact that attachment theory could have in determining which adult is best suited to take care of a child, let\u2019s first get an understanding of what exactly attachment theory is.<\/p>\n The basic principle of attachment theory \u201cis that primary caregivers who are available and responsive to an infant\u2019s needs allow the child to develop a sense of security.\u201d[5]<\/a> When the caregiver is responsive, the child understands that that person is dependable, and this understanding creates a \u201csecure base\u201d for the child to explore the world. [6]<\/a> Research has shown that children who fail to form secure attachments early in life can be negatively impacted as they continue to develop.[7]<\/a> On the contrary, people who become securely attached as children show signs of good self-esteem, create strong romantic relationships, and display the ability to self-disclose to others.[8]<\/a><\/p>\n In any family law courtroom, especially one in which the custody of a child is being disputed, there is much division and loss that occurs.[9]<\/a> The most important loss at that time, is the loss of access to parents.[10]<\/a> As discussed previously, the lack of the \u201csecure base\u201d in a child\u2019s life can be detrimental to their development. This is because, when a caregiver has formed a parent-child attachment with a child, the caregiver becomes the child\u2019s safe haven in times of stress.[11]<\/a> When this safe haven is taken away, there is an attachment disruption which then can increase a child\u2019s risk of behavioral problems, posttraumatic stress disorder, and disassociation.[12]<\/a><\/p>\n Ultimately, if we are to care about what is in a child\u2019s best interest, \u201cattachment theory simply cannot be subtracted from the equation.\u201d[13]<\/a> A significant issue with the current \u201cbest interests\u201d approach is that it requires people to take on adversarial roles to show that they are better suited to take care of the child than the opposing party.[14]<\/a> Attachment theory analysis assists the court in limiting this adversarial role and truly determining what will be the best for the child in the long term. \u201cBy considering the caregiver\u2019s ability to respond appropriately to the child when making custody decisions, courts and policy makers can minimize the child\u2019s anxiety and future ability to cope successfully with life.\u201d[15]<\/a><\/p>\n While it is, of course, important that judges and jurors use their best judgment based on the facts of a case to determine what custody placement is in the best interests of the child, having a \u201csecure base\u201d and an emotional safe haven should be at the forefront of that consideration.[16]<\/a> The lack of a clear sense of attachment with a caregiver who understands a child\u2019s needs and actively attends to those needs, only creates lifelong challenges for a child. Attachment theory can begin to play a larger role in courtroom decisions if we \u201cencourage attachment experts to refine and develop tools such as standardized observation techniques, projective measures, and training tools to help caseworkers recognize healthy attachment behaviors\u2026.\u201d[17]<\/a> Once these measures are taken, we will be able to better assess which party can truly give a child what they need to develop and make their mark on the world.<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n [1]<\/a> How to Apply Attachment Theory in Family Courts: The World\u2019s Leading Experts Weigh in<\/em>, Child & Family Blog (January 2021), https:\/\/childandfamilyblog.com\/global-collaboration-on-attachment-theory-in-family-court\/<\/a>.<\/p>\n [2]<\/a> Jennifer Wolf, Child\u2019s Best Interest in Custody Cases<\/em>, Very Well Family (July 23, 2021), https:\/\/www.verywellfamily.com\/best-interests-of-the-child-standard-overview-2997765<\/a><\/p>\n [3]<\/a> Id. <\/em><\/p>\n [4]<\/a> Susan D. Talley, Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions<\/em>, 26 BYU J. of Pub. L. 245, 250 (2012).<\/p>\n [5]<\/a> Kendra Cherry, What Is Attachment Theory?<\/em> The Importance of Early Emotional Bonds<\/em>, Very Well Mind (July 19, 2019), https:\/\/www.verywellmind.com\/what-is-attachment-theory-2795337<\/a>.<\/p>\n [6]<\/a> Id. <\/em><\/p>\n [7]<\/a> Id.<\/em><\/p>\n [8]<\/a> Id.<\/em><\/p>\n [9]<\/a> Talley, supra<\/em> note 2, at 247.<\/p>\n [10]<\/a> Id.<\/em><\/p>\n [11]<\/a> Michelle R. Gros, Since You Brought It Up: Is Legally Separating a Child from a Nonbiological Third Party Who Has Essentially Become the Child\u2019s Psychological Parent Really In the Best Interest of the Child?<\/em>, 44 S.U.L. Rev. 367, 415 (2017).<\/p>\n [12]<\/a> Id.<\/em><\/p>\n [13]<\/a> Id.<\/em> at 416.<\/p>\n [14]<\/a> Talley, supra<\/em> note 2, at 256.<\/p>\n [15]<\/a> Id.<\/em> at 250.<\/p>\n [16]<\/a> Id.<\/em> at 261.<\/p>\n [17]<\/a> Id.<\/em> at 262.<\/p>\n","protected":false},"excerpt":{"rendered":" By: Kira Davis The \u201cbest interests of the child\u201d has become the fundamental consideration in family courts.[1] In order to determine what is in the child\u2019s \u201cbest interests\u201d when deciding custody arrangements, courts consider multiple factors.[2] These factors include the child\u2019s age, which party can continue to provide the child\u2019s current routine, and which party is able to meet the child\u2019s physical needs, among others.[3] … Continue reading Why Attachment Theory Should Play a Larger Role in the Courtroom<\/span><\/a><\/p>\n","protected":false},"author":5233,"featured_media":1143,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1141","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"jetpack_featured_media_url":"https:\/\/blog.richmond.edu\/pilr\/files\/2021\/10\/Davis-Featured.jpeg","_links":{"self":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/users\/5233"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/comments?post=1141"}],"version-history":[{"count":1,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1141\/revisions"}],"predecessor-version":[{"id":1144,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1141\/revisions\/1144"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/media\/1143"}],"wp:attachment":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/media?parent=1141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/categories?post=1141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/tags?post=1141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}