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This is the first blog in a series of three.

There are different perspectives concerning how forensic evaluators can assist attorneys in preparing their clients for child custody evaluations.

At the outset it should be noted that mental health professionals and attorneys have distinct and different obligations to the parties involved in a custody dispute:

• Attorneys are bound to represent their client to the best of their ability.

• Psychologists, on the other hand, have an obligation to protect the integrity of a child custody evaluation protocol even when they are hired as consultant by an attorney for the client. This poses limits on the information they can disseminate about the process.

A recent survey of attorneys and mental health professionals found that 74% of lawyers, compared to only 44% of mental health professionals, believe it would be appropriate for a mental health professional to prepare a litigant for child custody evaluations. This can lead to differing expectations. The psychologist may be comfortable prepping the client on the evaluation process, but the attorney may expect that the client will be coached on how to respond to specific questions.

An article in Family Court Review, published by Bow in October 2011, states that 55% of mental health professionals perceive their role as consultant as being limited to discussing expectations and possible questions with the client about their forensic evaluation. None of the mental health professionals included in the survey thought it would be appropriate for the mental health professional to coach parents on how to answer specific questions that could be asked during the course of a child custody evaluation, because this may impact on the integrity of the forensic assessment.

Complicating this picture further is that there are no specific rules for mental health professionals that provide clear guidance on the role of a mental health consultant who is hired to prepare a client for a child custody evaluation.  With this caveat in mind, it should be noted that there are some shared assumptions as to what might be useful in preparing the client for such an evaluation.

In October 2011, a task force with the Association of Family and Conciliation Courts (AFCC) suggested that the value of bringing mental health professionals on as consultants is to educate the litigants as to the purpose and scope of the child custody evaluation. The purpose of the consultant would be to demystify the process that is entailed in a child custody evaluation and in doing so, reduce the client’s anxiety. In this capacity, the hired mental health professional can fulfill an important role assisting both the client and their attorney to develop a better and fuller understanding of the evaluation process.

Please contact me at nycforensics@gmail.com with questions or comments.

Dr. Alberto Yohananoff
NYC Forensics
dryohananoff@nycforensics.com
P: (646) 284-5600
F: (212) 706-9136

Posted in Forensic Evaluations