Child Custody Evaluations

Philip M. Stahl

Philip M. Stahl, Ph.D., A.B.P.P.

Frequently the result of conflict between parents who cannot agree on parenting time and/or custody of their children, child custody evaluations (sometimes called parenting evaluations or parenting plan evaluations), are complex psycho-social assessments. Typically court-ordered, these evaluations of separated and/or divorcing/divorced parents and their children are often involved and thorough, incorporating many interviews and assessments and confronting difficult issues. 

Comprehensively addressing these evaluations, this chapter provides guidance on the range of psychological factors, relevant legal considerations and elements of a proper forensic evaluation, as well as how to ensure only valid and qualified expert testimony is admitted. Particular topics include:

Developmentally sensitive parenting plans

General divorce research and child adjustment

Case law regarding evaluations, expert   testimony and expert bias

Hague Convention on the Civil Aspects of International Child Abduction and the Uniform Child Custody Jurisdiction and Enforcement Act

Domestic violence

Gold standard in child custody evaluations

High conflict in divorcing families

Guidance for making recommendations

Guidance for addressing expert testimony with good, average and deficient reports

Alienated children

Sexual abuse allegations

Role of consultant and expert witness

Relocation, including international relocation

Sample voir dire questions for direct- and   cross- examination

Case law on particular issues, including domestic violence, relocation, changed circumstances, sibling issues and grandparent visitation

 Designed to help litigators, judges and experts quickly get up-to-speed on the fundamentals of proper evaluations, this chapter on Child Custody Evaluations is a must for any professional who needs to understand this challenging area of law.