Child custody decisions should be based on the child’s best interests. Since Judges aren’t child psychologists, they often hire one to give their opinion in a disputed custody matter. The parties involved may also hire their own psychologists to evaluate the family and testify to their recommendations.

Most custody arrangements are established through negotiations, either before or after a custody evaluation and report has been completed. The evaluation may be crucial to the outcome of a custody dispute. In making a decision, when it comes to an expert’s stated opinion, the Judge will rely on the following:

• Their knowledge and understanding of the case’s evidence
• Their experience in other custody disputes
• A credible, thorough evaluation by the psychologist hired by the court, retained by a party, or both

The evaluator’s role, what they should and shouldn’t do, are keys to the outcome. The following are insights into the process by the American Psychological Association (“APA”).

What Outcome is in the Child’s Best Interests?

Psychologists should focus on factors relevant to the child’s psychological best interests. They must weigh factors like:

• Family dynamics and interactions
• Cultural and family environment issues
• All the parties’ challenges, aptitudes, and attitudes
• The child’s educational, physical, and psychological needs

While psychologists should respect and understand the parents’ concerns, those are secondary to the child’s welfare.

Not every evaluation will result in a recommendation. A psychologist may decide that the available data are insufficient to give one. If a recommendation is given, a Judge will expect it to be supported by the facts collected.

The evaluator must avoid personal bias or unsupported beliefs. Per the APA: “Recommendations are based upon articulated assumptions, interpretations and inferences consistent with established professional and scientific standards.”

The More Sources of Information, the More Sound the Recommendation May Be

The evaluator should use data-gathering methods to improve the reliability and validity of the psychologist’s opinions, conclusions, and recommendations. They contribute to a more complete picture of the parents’ abilities and challenges and the child’s needs.

Direct methods of gathering data can include the following:

• Psychological testing
• Clinical interviews
• Behavioral observation

Psychologists should also use documents from various sources (including schools and child and health care providers) and contact extended family, friends, and acquaintances when the information is likely to be relevant (“collateral sources”).

Evaluators Must Take a Scientific Approach

The most valuable contributions a psychologist can make are clinically appropriate and the result of a scientifically sound approach. Issues central to the court’s decision include the following:

• Parenting qualities
• The child’s psychological needs
• Results of psychological testing

The most helpful evaluations focus on the parents’ skills, deficits, values, and tendencies concerning meeting the child’s psychological needs.

A Psychologist Shouldn’t Allow Their Biases to Impact Their Recommendation

Child custody cases can be emotionally charged and complex disputes over highly personal matters. The parents are usually deeply invested in the outcome they want. Court appointed evaluators must be as free as possible of bias or partiality.

Evaluators must also be aware of their biases, and those of others, concerning the following qualities of the parents:

• Age
• Gender
• Gender identity
• Race
• Ethnicity
• National origin
• Religion
• Sexual orientation
• Disability
• Language
• Culture
• Socioeconomic status

Biases will likely interfere with data collection and interpretation, impacting the evaluator’s ability to develop valid opinions and recommendations. The evaluator shouldn’t work on the case if biases can’t be overcome.

Conflicts of Interest Make a Recommendation Less Credible

Conflicts of interest are another issue that can impair a fair recommendation and must be prevented. They undermine the court’s confidence in psychologists’ opinions and recommendations, and the psychologist may also face professional discipline and legal liability.

Psychologists must refrain from taking on the role of a child custody evaluator if scientific, personal, legal, professional, financial, or other relationships or interests could reasonably be expected to cause impaired impartiality, effectiveness, or competence.

Conflicts of interest are unacceptable for a court-appointed evaluator. When a party hires a child psychologist to evaluate the family and give an expert opinion, s/he must commit to giving a truthful and complete report, not simply parrot what one party or the other may request. Judges will consider that risk when they decide how much weight to give a party’s professional opinion.

Contact Kingston Law Group for Help with Child Custody Matters

For help with child custody disputes, call us at 609-683-7400 to arrange a near-term reduced fee initial consultation. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We also have pre-arranged evening appointments. Contact us today.  You will be glad you did!!

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