Moriarty & Dee, Attorneys at Law, in Buffalo, New York.

Custody Evaluation Guidelines:

AMERICAN PSYCHOLOGICAL ASSOCIATION ADOPTS GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN DIVORCE CASES

Best Interest of the Child of Paramount Importance

(On April 4, 1994, the American Psychological Association issued the following 9 pages of information in a news release.)

WASHINGTON--The American Psychological Association (APA) has adopted a set of guidelines for psychologists conducting child custody evaluations in divorce proceedings, which are believed to be the first such guidelines developed by national body. The guidelines were developed in response to a growing need by the membership, the public and legal system for guidance in this highly complex area.

Psychologists provide an important service to children and the courts by providing objective and impartial expert information in assessing the best interest of children who are involved in parental divorce proceedings. In approximately 10% of divorce cases, the issue of child custody has to be resolved by the courts. In these cases where there is a dispute, psychologists are often called upon to provide consultation to the courts.

"These guidelines are an important tool to assist psychologists in achieving consistency in doing child custody evaluations for the courts," stated Russ Newman, Ph.D., J.D., APA executive director for professional practice. "The true benefactors will be children since the guidelines are intended to promote an efficient custody evaluation process during what can be a very stressful time for the effected child".

These new guidelines are not intended to be mandatory or exhaustive, but are to be used to facilitate the inclusion of psychological expertise in child custody cases. The guidelines note that the psychologist's role in these cases is that of a professional expert who strives to maintain an objective, impartial stance regardless of whether he or she is retained by the court or by a party to the proceedings.

The American Psychological Association (APA), in Washington , DC, is the largest scientific and professional organization representing psychology in the United States and is the world's largest association of psychologists. APA's membership includes more than 124,000 researchers, educators, practitioners, consultants and students. Through its division in f 49 sub-fields of psychology and affiliations with 59 states, territorial and Canadian principle associations, APA works to advance psychology as a science, and profession and a means of promoting human welfare.

GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN DIVORCE PROCEEDINGS

Drafted by the Committee on Professional Practice Standards, A committee of the Board of Professional Affairs with the Committee on Children, Youth and Families.

Adopted by Council of Representatives of American Psychological Association, February 1994.

Acknowledgments: COPPS 1991 - 1993 members, Richard Cohen, Alec Carballo Diequez, kathleen Dockett, Sam Friedman, Colette Ingrahm, John Northman, John Robinson, Deborah Tharinger, Susana Urbina, Phil Witt, and James Wulach, BPA Liaisons 1991- 1993, Richard Cohen, Joseph Kobos and Rodney Lowman; and CYF members, Dob Routh and Carolyn Swift.

INTRODUCTION

Decisions regarding child custody and other parenting arrangements occur within several different legal contexts, including parental divorce, guardianship, neglect or abuse proceedings, and termination of parental rights. The following guidelines were developed for psychologists conducting child custody evaluations, specifically within the context of parental divorce. These guidelines build upon the APA ethical principles of psychologists and code of conduct (APA, 1992) and are aspirational in intent. As guidelines, they are not intended to be either mandatory or exhaustive. The goal of the guidelines is to promote proficiency in using psychological expertise in conducting child custody valuations.

Parental divorce requires a restructuring of parental rights and responsibilities in relation to children. If the parents can agree to restructuring arrangements, which they do in the overwhelming proportion (90%) of divorce custody cases (Melton, Petrila, Poythress & Slobogin, 1987), there is no dispute for the court to decide. However, if the parents are unable to reach such an agreement, the court must help to determine the relative allocation of decision making authority and physical contact each parent will have with the child. The courts typically apply a "best interest of the child" standard in determining this restructuring of rights and responsibilities. Psychologists provide an important service to children and the courts by providing competent, objective, impartial information and assessing the best interest of the child, by demonstrating a clear sense of direction and purpose in conducting a child custody evaluation, by performing their roles ethically, and by clarifying to all involved the nature and scope of the evaluation. The Ethics
Committee of the American Psychological Association has noted that psychologists' involvement in custody disputes has at times raised questions in regard to the misuse of psychologists' influence, sometimes resulting in complaints against psychologists being brought of the attention of the APA Ethics Committee (APA Ethics Committee 1985; Hall & Hare-Mustin, 1983; Keith -Speigel & Koocher, 1985; Mills, 1984) and raising questions in the legal and forensic literature (Grisso, 1986, Melton, Petrila, Poythress, & Siobogin, 1987; Mnookin, 1975; Ochroch, 1982; Okpaku, 1976; Weithorn, 1987).

Particular competencies and knowledge are required for child custody evaluations to provide adequate and appropriate psychological services to the court. Child custody evaluation in the context of parental divorce can be an extremely demanding task. For competing parents, the stakes are high as they participate in a process fraught with tension and anxiety. The stress of the psychologist/evaluator can become great. Tension surrounding child custody evaluation can become further heightened when there are accusations of child abuse, neglect, and/or family violence.

Psychology is in a position to make significant contributions to child custody decisions. Psychological data and expertise, gained through a child custody evaluation, can provide an additional source of information and in an additional prospective not otherwise readily available to the court on what appear in a child's best interest, and thus can increase the fairness of the determination the court must make.

GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN DIVORCE PROCEEDINGS

I. ORIENTING GUIDELINES: PURPOSE OF A CHILD CUSTODY EVALUATION

1. The Primary Purpose of the Evaluation is to Assess the Best Psychological Interests of the Child.
The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interest of the child. More specific questions may be raised by the court.

2. The Child's Interest and Well-Being Are Paramount.

In a child custody evaluation, the child's interests and well-being are paramount. Parents competing for custody, as well as others, may have legitimate concerns, but the child's best interest must prevail.

3. The Focus of the Evaluation is on Parenting Capacity, the Psychological and Developmental Needs of the Child, and the Resulting Fit.

In considering psychological factors effecting the best interest of the child, the psychologist focus of the parenting capacity of the perspective custodians in conjunction with the psychological and developmental needs in each involved child. This involves: 1) an assessment of the adults' capacity for parenting including whatever knowledge, attributes, skills and abilities, or lack thereof are present; 2) an assessment of the psychological functioning and developmental needs of each child, and the wishes of each child, where appropriate; and 3) the functioning ability of each [parent to meet these needs, which includes an evaluation of the interaction between each adult and child.

The values of the parents relevant to parenting, ability to plan for the child's future needs, capacity to provide a stable and loving home, and any potential for inappropriate behavior or misconduct that might negatively influence the child are also considered. Psychopathology may be relevant to such an assessment, in so far as it has impact on the child or the ability to parent, but it is not the primary focus.

II. GENERAL GUIDELINES PREPARING FOR A CHILD CUSTODY EVALUATION

4. The Role of the Psychologist is a Professional Expert, Who Strives to Maintain and Objective, Impartial Stance.

The Role of the psychologists is as an professional expert. The psychologist does not act as a judge, who makes the ultimate decision in applying law to all relevant evidence. neither does the psychologist act an advocating attorney, whose strives to present his or her client's best possible case. The psychologist, in a balanced, impartial manner informs and advised the court and the prospective custodians of the child of the relevant psychological factors pertaining to the custody issue. The psychologist should be impartial regardless of whether he or she is retained by the court or by a party to the proceedings. if wither the [psychologist or the client cannot accept this neutral rule, the psychologist should consider withdrawing from the case. If not permitted to withdraw, in such circumstances, the [psychologist acknowledges past rules and other factors which could affect impartiality.

5. The Psychologist Gains Specialized Competence

A. A psychologist contemplating performing child custody evaluations is aware that special competencies and knowledge are required for the undertaking of such evaluations. Competence in performing psychological assessments of children, adults and families is necessary but not sufficient. Education, training, experience and/or supervision in the areas of child and family development, child and family Psychopathology, and the impact of divorce of children, help to prepare the psychologist to participate competently in child custody evaluations. The psychologist also strives to become familiar with applicable legal standards and procedures, including laws governing divorce and custody, adjudication in his or her state or jurisdiction.

B. The psychologist uses current knowledge of scientific and professional developments, consistent with accepted clinical and scientific standards, in selecting data collection methods and procedures. The standards for educational and psychological testing (APA, 1985) are adhered in the use of psychological tests and other assessment tools.

C. In the course of conducting child custody evaluations, allegations of child abuse, neglect, family violence, or other issues may occur that are necessarily within the scope of a particular evaluator's expertise. If this is so, the psychologist seeks additional consultation, supervision and/or specialized knowledge, training or experience in child abuse, neglect and family violence to address these complex issues. The psychologists is familiar with the laws of his or her state addressing child abuse, neglect, and family violence, and acts accordingly.

6. The Psychologist is Aware of Personal and Societal Biases and Engages in Non-Discriminatory Practice.

The psychologist engaging in child custody evaluations is aware of how biases regarding age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language, culture and socioeconomic status may interfere with an objective evaluation and recommendations. The psychologists recognizes and strives to overcome such biases, or withdraws from the evaluation.

7. The Psychologists Avoids Multiple Relationships.

Psychologists generally avoid conducting a child custody evaluation in a case which the [psychologist served in a therapeutic role for the child or his or her immediate family or has had other involvement which may compromise the psychologist's objectivity. This should not, however, preclude the psychologist from testifying in the case as fact witness concerning treatment of the child. In addition, during the course of a child custody evaluation, a psychologist does not accept any of the involved participants in the evaluation as a therapy client. Therapeutic contact with the child or involved participants following a child custody evaluation is undertaking with caution.

A psychologist asked to testify regarding a therapy client who is involved in a child custody case is aware of the limitations and possible biases inherent in such a role, and possible impact on the ongoing therapeutic relationship. While the court may require the psychologist to testify as a fact witness regarding factual information he or she became aware of in a professional relationship with a client, that psychologist should generally decline the role of a expert witness who gives a professional opinion regarding custody and visitation issues (See ethical standard 7.03), unless so ordered by the court.

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