Conducting Child Custody Evaluations (eBook)

Preface
PART I: CRITICAL PROFESSIONAL AND ETHICAL ISSUES
1. Introduction to the Role, Ethics, and Professional Responsibility
How the Courts Benefit From an Evaluation
How the Family Benefits From an Evaluation
When is the Evaluation Harmful
Who is the Client/Consumer
Practical Standards and Ethical Issues
Evaluator Biases
Reducing the Risk of Bias
2. The Mental Health Expert's Many Possible Roles
Therapists
Therapeutic Reunification
Collaborative Law Coach
Psychologist Evaluator/Psychiatrist/Vocational Evaluator
Mediator
Consultant to Attorney/Expert Witness
Parent Coordinator
The Custody Evaluator
Dual Relationships
3. Fundamental Questions in Most Custody Evaluations
The Best Interests of the Child
The Family's Relationships
Parenting Strengths and Weaknesses
The Co-Parental Relationship
Time-Sharing Recommendations
4. General divorce-Related Research and Basic Statutory and Case Law
A Quick Primer on Research
Risks of Divorce to Children
Risk vs. Resiliency
Mitigating Factors
Research on Parent's Relationships After Divorce
Basic Statutory and Case Law
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Parental Kidnapping Prevention Act
Troxel Vs. Granville (2000)
Hague Convention on the Civil Aspects of International Child Abduction
California Statutes and Case Law
5. Children's Developmental Needs
A Developmental Framework
PART II: CONDUCTING THE CHILD CUSTODY EVALUATION
6. Conducting the Evaluation Part I: Observations and Techniques With Adults
The Court Order and Initial Contact With Attorneys
The Initial Phone Call and Contacts With Parents
The Initial Contact
The First Conjoint Appointment
The Initial Individual Appointment
The Second Interview and Beyond
What to Believe?
The Use of Psychological Tests
7. Conducting the Evaluation Part II: Observations and Techniques With Children
Significant Issues in the Assessment of Children/Gaining Rapport at the Beginning of the First Interview
Children and the Potential for Suggestibility
Children and Their Language
Gathering Information About the Child's Experiences
Directly Assessing the Parent-Child Bond
Siblings Together, or Not?
Use of Play and Other Techniques in Understanding Children
Home Visits
The Preference of the Child
8. The Use of Psychological Testing in Custody Evaluations
Review of the Literature
Traditional Psychological Tests
Tests Designed Specifically for Custody Evaluations
Parenting Inventories
Tests for Children
Benefits of Using Tests
Risks in Using Tests
Computerized Test Results
A Balanced Approach
9. Gathering of Collateral Data
What is Collateral Data?
Benefits of Using Collateral Data
Record Review
Gathering Lists of Collateral Sources
Who To Talk To - A Concentric Circle Approach
Interviewing Collateral Sources
10. Sharing the Results of the Evaluation - The Evaluation Report
AFCC Model Standards
Basic Characteristics of a Quality Report
Information Which Must be in Every Report
The Parents
The Children
Collateral Information
Analysis and Summary
Recommendations
PART III: COMPLEX ISSUES TO BE EVALUATED
11. Non-Violent High Conflict Families
Contribution From Personality Features
Contribution From Other Sources
Recommendations for High Conflict Families
A Case for Sole Legal custody of Decision Making
12. Domestic Violence
The Concept of Differentiation
Approaching the Family's Domestic Violence Issues
Parenting Problems of Domestic Violence Parents
Gathering Data
The Alphabet Soup of Using Data to Formulate Conclusions
Using the PPPP Analysis with the RRR Concepts to Reach a Decision About the Parenting Plan
Therapeutic and Structural Interventions
13. The Alienated Child
Contribution to the Child's Alienated Response
Parent Contributions to the Development of Alienation
Child Contributions to the Development of Alienation
Typical Alienated Behaviors in Children
Emotional Impact of Alienation on Children
Dynamics of the Larger System
Evaluation of Alienation
Other Reasons for Alignment With One Parent - What to Look for in the Children
Concluding the Evaluation
14. Relocation Evaluations
Legal Considerations in Relocation Evaluations - Relevant Case Law
Legal Considerations in Relocation Evaluations - Relevant Statutory Law
The Psychological Literature Related to Relocation
Societal Issue That Often Lead to Requests to Move
Factors for the Evaluator to Consider
Special Issues in International Cases
Avoiding Bias
15. Tackling the Terror of Testifying
The Deposition
The Process at Trial
Preparing for the Testimony
Testifying Procedures
Stick to the Data
Dealing With Hypothetical Questions
Remain Professional
Trick Questions
Do's and Don'ts for Testifying in Court
16. Critiquing Evaluations
17. Conclusions
Special Needs for Children
Substance Abuse Issues
Sexual Abuse Allegations
Longitudinal Evaluations
Conclusions
Appendices
Sample Court Order
Sample Informed Consent and Retainer Agreement
Sample Intake Form
Sample Listing of Questions for Parents
Sample Listing of Questions for Children
Sample Alienation Analysis and Recommendation
Sample Relocaiton Analysis and Recommendation
References
About the Author