What To Know About Forensic Evaluations In Child Custody Matters

Child custody matters can be stressful, and the introduction of a forensic evaluation can often make the situation more complex. However, forensic evaluations in child custody proceedings represent the essential nexus between the fields of psychology, psychiatry, and the legal profession and aim to ensure the best interests of the child are the priority.

The United States legal system is cognizant of the long-established constitutional right of parents to raise their children free from government intrusion. Conversely, New York State Courts, in concert with mental health professionals, are attuned to determining the best interest standard of the child in custody disputes and may appoint a forensic evaluator to assist with the determination.

What Is the Basis for Forensic Evaluation in Child Custody Matters?

Forensic evaluations may be initiated in a variety of different manners. A parent may request a forensic evaluation, it may be recommended by a court-appointed attorney for the child, or it may be ordered sua sponte, without a formal request from either party involved, by the court itself.

The scope of forensic evaluations may vary depending on the specific circumstances of the case, but they all include the preparation of a confidential report that provides an official recommendation to the court concerning child custody arrangements. These evaluations are critical in providing objective, clinically based information that can aid the court in making its final determinations regarding the child's welfare.

The Court may direct a forensic evaluation in the presence of certain indicators, including, but not limited to, the following:

• allegations of domestic violence;
• substance abuse by one or both parents;
• a diagnosed mental illness affecting parenting capacity;
• a parent's relocation with the child out-of-state; or
• concerns regarding questionable parenting practices or behaviors.

Requirements for Forensic Evaluators

Pursuant to Domestic Relations Law § 240(1)(a)(4), New York courts may only appoint forensic evaluators who are:

• licensed psychologists, social workers, or psychiatrists in New York State; or
• certified as having completed domestic violence and child abuse training within the past two years.

In addition to these professional prerequisites, forensic evaluators are required to adhere to the highest standards of neutrality, impartiality, and professional detachment from all parties involved in the proceedings. The forensic evaluator must maintain an objective stance throughout the evaluation process, ensuring that no bias or conflict of interest affects their professional judgments.

Furthermore, forensic evaluators are required to undergo biennial training focused on various critical topics, including coercive control, the psychological effects of trauma (particularly sexual trauma), the psychological sequelae of abuse, and the potential risks associated with adverse childhood experiences (ACEs). This training is developed and periodically updated by the Office for the Prevention of Domestic Violence (OPDV), in partnership with the New York State Coalition Against Domestic Violence (NYSCADV).

The Forensic Evaluation Process

The forensic evaluation process typically involves interviews, observations, psychological testing, and document review.

Forensic psychologists assess a broad range of issues including, but not limited to:

• Parenting skills and styles: The evaluator will assess the overall approach that parents take in raising their child, which encompasses various practices, attitudes, and behaviors that shape a child's social, emotional, and cognitive growth.
• Parent-child relationships: The quality of the relationships between each parent and the child will be evaluated.
• Co-parenting ability: The evaluator will assess the parents' ability to collaborate to raise their children together.
• Mental health and substance abuse: The evaluator will assess the impact of a mental health condition or substance abuse with the parent's ability to care for the child.
• Domestic violence: If there are allegations of domestic violence, the evaluator will investigate and assess the risk to the child.

Remote Evaluations

In recognition of the geographic mobility of the modern family, New York State Courts have established protocols for conducting remote forensic evaluations in child custody matters. Such evaluations may be authorized when the child resides farther than one hundred miles (100) from the New York State border.

In these circumstances, the evaluator is obligated to take all reasonable measures to ensure that the confidentiality and privacy of the child's participation are preserved throughout the remote evaluation process.

Guidance for Parents Participating in Forensic Evaluations

Parents involved in a forensic evaluation should be aware of certain tips to ensure the evaluation process proceeds smoothly and effectively. The following guidelines are advised:

• Consult with a Family Law Attorney: Parents should seek advice from a qualified family law attorney to understand the process and their rights.
• Honesty and transparency: Parents should be forthright in their responses and interactions with the evaluator to avoid any misrepresentation of facts.
• Limit inquiries: Parents should refrain from posing questions that have not been directly asked by the evaluator.
• Awareness of reporting: Parents should be mindful that all interactions with the evaluator will be incorporated into the final report and may be used in court.
• Avoid disparaging the other parent: Parents should exercise restraint and avoid making negative comments about the other parent, as this can reflect poorly on their own parental fitness.
• Seek clarification when necessary: Parents should feel empowered to request clarification of any aspects of the evaluation process they do not fully understand.