Custody Attorney’s Perspective:Purpose and Utility of Child Custody Evaluations

Erika M. Waller, MA and Anasseril E. Daniel, MD

Ms. Waller is Clinical and Research Assistant and Dr. Daniel is Director, Forensic Psychiatric Services, Custody Evaluation Research Center, Columbia, MO. Address correspondence to: Erika M. Waller, MA, Custody Evaluation Research Center, 33 East Broadway, Suite 115, Columbia, MO 65203. E-mail: eml91a@mizzou.edu

This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals.

Fifty-nine attorneys completed an anonymous survey designed to ascertain their opinions about: (1) what factors prompt a custody evaluation, (2) expectations regarding evaluation procedures, (3) the utility of the resultant report, and (4) the impact of evaluations on litigation. Findings indicate that attorneys are most likely to seek child custody evaluations in the context of allegations regarding physical abuse, sexual abuse, or parental fitness. In addition, attorneys reported that they expect a very comprehensive evaluation procedure and find utility in an inclusive report.

Finally, survey findings suggest that custody evaluations play a significant role in decisions to negotiate a settlement rather than proceed to trial. Limited available research and current practice related to these findings are reviewed.

“The increased attention to children’s emotional and developmental needs necessitated the involvement of mental health professionals in the legal custody dispute process. This article focuses on the role of mental health professionals in providing impartial child custody evaluations at the request of the court or by agreement of all participating attorneys. It is important to keep in mind that regional and individual differences affect the training and practice of custody evaluators. However, standardized guidelines for conducting such evaluations have been established by the American Psychological Association, the Association of Family and Conciliation Court, and the American Academy of Child and Adolescent Psychiatry, as well as by the experts active in the field. In a comprehensive survey of mental health professionals who conduct child custody evaluations, it was found that the average evaluation takes approximately 21 hours, including time spent in each of the following activities: interviews of relevant parties, psychological testing, observations, review of materials, collateral contacts, writing the report, attorney consultation, and court testimony.”

J Am Acad Psychiatry Law 33:2:199-207 (2005)