What is a Forensic Psychologist?
A forensic psychologist may be hired to help the court evaluate child custody issues.
In general, child custody disputes resolve on their own. According to the American Psychological Association (APA), both parties agree to custody and visitation arrangements in about 90 percent of cases. That leaves 1 in 10 couples contesting legal and/or physical custody issues. In these cases, a forensic psychologist may be hired to evaluate and help the court to determine these issues; this type of psychological assessment is considered expert opinion in the eyes of the court.
Besides child custody and visitation, the gamut of issues a forensic psychologist may assess in divorce and family law proceedings include:
· child abuse and neglect
· parental alienation
· relocation
· intimate partner violence
· domestic violence
· drug or alcohol abuse
· mental health issues
Can a Forensic Psychologist Be Influenced by my Spouse’s Attorney (or by me)?
When appointed by the court, a forensic psychologist does make a recommendation to the court about custody and visitation; yet their role is to assist the court in making these determinations. As such, they are “neutral” and act almost as an arm of the court.
To get a sense of how a forensic psychologist operates, it may help to hear the job description as one forensic psychologist sees it: “I make it very clear to lawyers that I’m not there for them to present their cases to me. I’m not the judge. What I want to consider is what I learn from their client, from the children, from the collateral contacts, and from the documents I review. I’m not receptive to…their argument of a case,” says Robert Simon, Ph.D., in Family Lawyer Magazine.
How Does a Forensic Psychologist Arrive at Their Psychological Assessment?
A forensic psychologist’s expertise relies on data based on investigation and well-established research in the field. As they examine the weighty issues presented in the proceeding, they may use some of the following methods to gather their data to arrive at their assessment, according to the APA:
· psychological testing of parents
· clinical interviews
· behavioral observation
· documentation from other sources, such as schools, healthcare providers, and childcare providers
· interviews with collateral sources, including extended family members, friends, and acquaintances
Fortunately, most child custody disputes resolve by both parties working with counsel to reach a settlement. Yet when issues become difficult, it helps to know that a forensic psychologist can help sort through complex psychological issues to assist the court bring about an outcome in the best interests of children.
If you are ready to consult with an experienced matrimonial and family law attorney in Westchester County, New York City, or surrounding areas, contact Faith Miller today. With more than 35 years of experience, Faith provides legal representation across a broad spectrum of New York matrimonial and family law issues.
