Forensic Evaluations in Custody Cases

In many contested divorce, custody and support matters, parties frequently request, and courts frequently order, professional evaluations to gain objective, evidence-based information in pursuit of the truth. These evaluations assist the court in its role as fact-finder and are particularly important in high-conflict cases where allegations regarding parenting capacity, mental health, or substance use are disputed. There are several primary types of evaluations commonly used in custody cases:

1. Forensic Custody Evaluations

Forensic custody evaluations are commonly utilized in contested custody cases to assist the court in determining what is in the children’s best interest with respect to each parent’s ability to parent and care for them. These evaluations are conducted by licensed mental health professionals with specialized forensic training, such as psychologists or licensed clinical social workers.

The Process May Include:

• Interviews with parents, the children, and collateral sources (e.g., teachers, relatives, therapists)
• Psychological testing using standardized assessment tools
• Observations of parent-child interactions, often in the home or other structured settings
• Review of relevant records, including school, medical, and criminal records
• Questionnaires and analysis of family dynamics and parenting capacity

The evaluator prepares a comprehensive written report detailing findings and provides recommendations regarding custody. Final reports are typically provided to the court and counsel, and evaluators may testify at trial. While not binding, courts often give significant weight to these recommendations.

2. Mental Health Evaluations

Psychological Evaluations

Psychological evaluations involve a forensic assessment of a parent’s psychological functioning and its potential impact on parenting abilities or child safety. These evaluations may be ordered independently or as part of a broader custody evaluation when concerns exist regarding mental illness, emotional stability, or other risk factors.

Evaluations are conducted by psychologists and typically focus on cognitive functioning, personality structure and emotional regulation (or lack thereof) and include diagnostic assessments, clinical interviews, and record review.

The resulting report may diagnose mental health conditions, evaluate current functioning, identify potential risks, and recommend treatment or monitoring. Findings can significantly influence custody determinations and ongoing mental health requirements.

Psychiatric Evaluations

Unlike psychological evaluations that emphasize testing and behavioral functioning, a psychiatric evaluation emphasizes diagnosis, medical treatment and medication management. The evaluation may include clinical interviews, diagnostic testing, medication review, and record review. Courts use both psychiatric and psychological evaluations to determine whether mental health concerns impact a parent’s ability to safely and effectively care for a child.

3. Drug and Alcohol Evaluations

When allegations of substance abuse arise, courts may order drug and alcohol evaluations to assess whether substance use impairs parenting or poses a risk to the children.

Key Components Often Include:

• A detailed substance use history interview
• Screening and assessment tools
• Review of relevant records (e.g., arrests, medical records, treatment history)
• Collateral contacts, when appropriate

Evaluations may recommend treatment, monitoring, random testing, or no restrictions. Adverse findings can result in custody limitations, mandatory substance abuse treatment, alcohol monitoring (such as Soberlink), or other safeguards until sobriety and child safety are demonstrated.

Conclusion

Custody related evaluations provide the court with impartial, expert insight to help it make decisions in high conflict cases. Because the scope and impact of these evaluations can be significant, working with an experienced family law attorney is essential.

If you are involved in a custody matter and are unsure whether an evaluation may be ordered in your case, speak with one of Obermayer’s experienced custody attorneys to understand your rights, obligations, and strategic considerations.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.