Anatomy of a child custody evaluation.

• Author: Carter, Sherrie Bourg
• Position: Florida

Florida Family Law Rules of Procedure 12.360 and 12.363 provide for evaluation of parents and children by a psychologist. A psychological evaluation is only useful if it is done properly and if those who rely upon it actually understand it. One problem encountered by family law attorneys and judges is that when they receive a psychological report, they do not always understand it. Some reports are filled with more jargon and theory than practical and relevant information. Further confusion can occur because there is no standardized format for conducting custody evaluations. Different psychologists use different procedures, different psychological tests, and different writing styles.

However, the lack of a standardized format for conducting custody evaluations does not mean that psychologists can simply do whatever they want in the evaluation. Although there is no one right way to conduct a custody evaluation, there are wrong ways. The key is to understand enough about the various standards and procedures that govern custody evaluations in order to identify the right from the wrong and mount an effective cross examination if necessary. The goal of this article is to provide such an understanding.

Issues Related to Evaluator

* General Considerations

The Specialty Guidelines for Forensic Psychologists require that psychologists who conduct forensic evaluations (of which custody evaluations are included) have specialized knowledge, skill, experience, and education in the areas necessary to perform the evaluation.[1] Even more specifically, the Guidelines for Child Custody Evaluations in Divorce Proceedings and the Model Standards of Practice for Child Custody Evaluations indicate that custody evaluators should have specialized knowledge and training in performing psychological assessments of children, adults, and families as well as education, experience, and/or supervision in child and family development, child and family psychopathology, and the impact of divorce on children.[2] These documents also indicate that custody evaluators should be aware of the legal definitions, standards, and laws that apply to custody cases in their state or jurisdiction. Finally, in cases in which there are more complex issues such as domestic violence or sexual abuse allegations, custody evaluators are required to have specialized training, experience, and/or supervision in these specific areas.[3]

Ethical guidelines also require custody evaluators to conduct evaluations from an objective and impartial perspective.[4] Unfounded personal biases toward or against certain classes of individuals, such as fathers or homosexuals, have no place in a custody evaluation. In addition, it is almost always inappropriate for a psychologist who conducts a custody evaluation to have any prior or future involvement with any of the parties or children involved in the case.[5] Such involvements would include personal (friendships) or professional relationships (the evaluator is or was a therapist to someone in the family).

* Challenges

The first step in challenging the results of a psychological evaluation by questioning the psychologist's qualifications is to obtain a copy of the psychologist's curriculum vitae. From the vitae, the psychologist's training and experience working with children and families and evaluating children and families for custody purposes can be determined. In addition, in deposition the psychologist can be asked to elaborate on his or her training and experience in these critical areas.

The psychologist also can be asked about specific knowledge of or reliance upon any publications in the areas of child custody, time sharing, or any other topics relevant to the case. If the psychologist is able to provide references, copies of these documents should be obtained because they may be helpful in your preparation of the case. If the psychologist answers that he or she is aware of relevant research but cannot recall the citations, simply ask the psychologist to prepare a list of citations and send them to your office as soon as possible. If the psychologist cannot cite any references, this can be used to criticize the psychologist's overall knowledge in the specific areas about which he or she is forming opinions and making recommendations.

The number of custody evaluations that the psychologist has conducted also is a question that should be asked in order to determine the psychologist's qualifications and, experience. Likewise, but more related to objectivity, the psychologist may be asked about his or her investigations in other custody cases and whether the custody recommendations favored the mother or father. Answers such as "I don't know" or "I don't remember" should not be accepted. Psychologists in Florida are required to maintain complete records in their cases for three years and at least a summary of their records for an additional four years.[6] Therefore, it is reasonable to ask the psychologist to review his or her records, at least over the last seven years, and get these answers. A follow-up with an expert witness interrogatory after giving the psychologist sufficient time to obtain this information subsequent to the deposition may be in order.

Another issue related to objectivity of the evaluator is the issue of bias. There may be times when unfounded societal or professional biases against certain individuals or behaviors, such as homosexuality, sexual promiscuity, domestic violence, or child sexual abuse may affect the evaluator's opinions and recommendations. Therefore, if any of these issues are relevant to a particular case, the psychologist's position on these issues should be determined. If any potential biases are uncovered, the psychologist should be asked to provide references for any psychological research or literature that supports his or her position. If the psychologist cannot cite any specific literature on the subject, there will then be a basis to challenge the findings. Research has shown that when an evaluator enters a case with preconceived biases, those biases are likely to be reflected in the questions that are asked and the ultimate conclusions that are...