A forensic mental health evaluation helps the New Jersey Family Court in many complex cases. Families work with psychologists or psychiatrists to assess parties’ faculties, functioning, and capacities, as well as their parenting histories. The most critical part of a forensic mental health evaluator’s job is assessing a parent’s likely impact on the children and providing data, opinions, and conclusions regarding the child custody and parenting time arrangement will serve the best interests of the child or children.

A forensic evaluator is either selected by the parties themselves or by the judge overseeing the case.  Through interviews; psychological testing; speaking with the parties, the children, any therapists, and even collateral sources such as school teachers and friends of the parties; and gathering and evaluating records; such professionals determine:

• Existence of any serious psychological problems in either party or the child/children;
• Quality of parent-child relationships;
• Extent of conflict issues between parents and their impact on parenting;
• Parents’ personality characteristics and their negative impact on children;
• Parenting styles; and
• Psychological bonding between parents and children.

In addition to evaluating parents, forensic evaluators may also be called upon to assess children. To that end, forensic evaluators attempt to gauge the emotional dynamics that exist between parents and child, and conduct psychological testing as well. If a divorce will result in a child’s move to a new community or state, the evaluator will also be required to assess the impact such a change may have on the child and his/ her continuing relationship with the parent staying behind, including whether the change is in the child’s best interests. The evaluator may also be asked to determine whether the child is ready to express a preference as to parental custody and moving from one community to the other, from one state to another, or from one state to another country. An important consideration is whether the parent resisting the move has a realistic option to relocate to the proposed new location. Another is whether the parent resisting the move has means, whether in person or electronically, to keep up a good connection with a moving child. Under previous case law, the New Jersey Supreme Court accepted as scientific fact that a move out of state that benefited the primary custodial parent automatically benefitted the child, absent proof of inimical harm to the child. Very recently, the same Court modified its previous ruling to say there would no longer be a presumption favoring the primary custodial parent, and the “best interest of the child” standard would take its place.

No matter what standard the courts use in child custody and parenting time cases, forensic evaluators remain a key component to the Family Court process.

Every case is different, every couple and every child are different, and therefore Family Court cases are highly fact sensitive.

The field of family law can be quite complicated, especially in child 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 today.  You will be glad you did.