Evaluators in Child-Custody Cases Scrutinized

A National Public Radio program by Alix Spiegel, All Things Considered, November 21, 2007 is online. From the NPR site:

Psychologists and other mental health professionals are increasingly playing a role in child custody disputes.

Using a battery of psychological tests and expert judgment, psychologists make recommendations about which parent should have custody.

Those decisions are accepted by judges more than 90 percent of the time, but critics say the tests are flawed and the decisions are often more personal than professional.

Comments

[John H. Helmers, Jr.]

Thanks for this important link. I think that it is important for us all to rethink the way that custody evaluations are used. While the field of psychology may yield some information regarding a mental health diagnosis, and perhaps parenting ability, it is not a substitute for the Court's decision based on the legal standard of best interests. Additionally, the evaluators are not trained in the rules of evidence or civil procedure which provide necessary and important safeguards in the process.

John H. Helmers, Jr.
hdwlawyers.com