When most people think of forensic experts, they conjure up images of the high drama portrayed in t.v. shows like Criminal Minds and CSI.   Surprisingly for some, forensic experts are used on a nearly daily basis in family law matters, including child custody, parenting time, relocation cases, and termination of parental rights.  In New Jersey, forensic psychiatrists and psychologists provide critical evidence to parties, counsel, and neutrals in mediation, arbitration, and trials.  In this article, we focus on the use of forensic psychological experts, although forensic psychiatrists have largely the same concerns, interests, and protocols (in fact, many forensic psychiatrists rely upon psychologists to conduct and interpret testing on standard assessment tools).

What is forensic psychology?

According to the definition offered by the American Psychological Association, forensic psychology “is the application of clinical specialties to the legal arena,” and specifically the application of “clinical psychology to the forensic setting.” In the family law cases, forensic psychologists are called upon to assess parties’ faculties, functioning, and capacities, as well as their parenting histories. Perhaps the experts’ most critical functions are evaluating a parent’s potential impact on the children and providing data-supported evidence as to which custody or visitation arrangement will serve the children’s best interest.

What do forensic psychologists evaluate?

Whether selected by the parties themselves or by judges overseeing the proceedings, the function of forensic psychologists remains the same. Through clinical and collateral witness interviews and documentary review of various records, these professionals evaluate:

• the existence of any serious psychological problems in either spouse;
• the quality of parent-child relationships;
• the extent of conflict issues between parents and their impact on parenting;
• parents’ personality characteristics and their negative impact on children;
• parenting styles; and
• psychological closeness between parents and children.

Going to the source

In addition to evaluating parents, forensic psychologists may also be called upon to assess children. To that end, forensic psychologists attempt to gauge the emotional dynamic that exists between parent and child. If a divorce will result in a child’s move to a new community or state, the psychologist will also be required to assess the impact such a change may have on the child. The psychologist may also be tasked with determining whether the child is ready to express a preference that accurately reflects what might be in the child’s own best interests.

Conclusion

The field of family law can be quite complex, especially around custody and parenting time issues.  If you or someone you know requires information, advice, coaching, counseling, and/or advocacy in a child custody matter, including out of state relocation, you should get the help you need from a source you can trust.  Our lawyers are well trained in family law practice. We will work with you to review the facts, analyze the law, and develop the best course of action for your family and you.  Please call or write to us.  We will be happy to help you.