What type of custody arrangement should be made based upon the information above?
Framing Questions
1. What type of custody arrangement should be made based upon the information above?
2. What other information would be important to gather?
3. How did you reach your decision? What standards did you consider in reaching your
decisions?
4. Do you notice any personal biases swaying your decision?
5. What might be considered in this case when working with a gay or lesbian couple relative to
custody, the courts and society, as a whole?
6. What might be considered in this case relative to working with clients of varying cultures
and backgrounds?
A King Solomon’s Solution? (Child Custody Evaluation)
Kim and Halle met at a “Parents Without Partners” picnic. Halle, of Native American descent,
was two years past a divorce and had her three children, all girls under seven years old, for the
weekend. A friend suggested that she attend the picnic so that the children might have some friends to
play with, while Halle interacted with other adults.
Kim, who is African American, had a four-year-old son and was never married. She was dating a
man and had an unplanned pregnancy. She did not want to marry the father and decided to raise the
child on her own. The father of the boy has not been involved in his life.
Halle and Kim hit it off at the picnic and had a commitment ceremony 18 months after meeting.
Both Halle and Kim love children and decided to have more of their own through in vitro fertilization.
Kim made the decision to raise the children and gave up her career as a pharmacist, while Halle, who
owns a consulting business, could easily support the family. Halle and Kim have two additional children
within the first five years of marriage. Halle continues to have weekend custody/visitation with her
three children from her previous marriage, while they spend one month during the summer with the
new family.
However, after seven years of marriage, Halle decides she wants a divorce and wishes to
remarry her first wife. Kim is taken totally by surprise and learns that Halle has been having an affair
with her ex-partner throughout the past three years of their marriage. Halle wants to have full custody
of the two children she had with Kim, along with Kim’s first son, who developed a strong attachment to
Halle and thinks of Halle as his biological mother. Halle and her first partner file for full custody of all the
children and threaten a long, drawn-out court battle. Kim countersues for shared custody of Halle’s
three girls, since she and the girls have established a family bond.
Note: The children involved in this case include Halle’s three girls from her previous marriage,
Kim’s first son from her relationship, and Halle and Kim’s two children.
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