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Psychological Assessment: Evaluating the Evaluations

BY David A. Martindale, Ph.D., ABPP (forensic)
December 27, 2004

In an article scheduled for publication in the April, 2005 edition of the Journal of Child Custody (in press), Gould-Saltman, an experienced family law attorney, opines that attorneys like tests because they “break things down to numbers, and we understand numbers.” She adds: “Tests give the sense [emphasis added] of objectivity to counterbalance the much more subjective clinical portion of a custody evaluation.” In commenting on the MMPI-2 in particular, Gould-Saltman expresses the view that it is “probably the most well-liked test among lawyers because it offers 'hard numbers' rather than ephemeral concepts.” If only it were this simple.

Functional Abilities

In order to examine the roll of testing in custody evaluations critically, we must consider what type of information we are seeking, how tests may (or may not) assist us in gathering pertinent information, and the ways in which tests of every type are deficient. The search for pertinent information is impeded when we look in the wrong places. A 1971 United States Supreme Court decision in a case unrelated to child custody matters (Griggs, et al. v. Duke Power Co, 401 U.S. 424), called the attention of custody evaluators to what have come to be known as functional abilities. In Griggs, the Court ruled that “testing procedures must be demonstrably reasonable measures of (or predictors of) job performance.” Martindale DA, Gould, JW: Child Custody. Spielberger C (Ed.): Encyclopedia of Applied Psychology. New York: Academic Press/Elsevier, 2004; p. 323-328. Our endeavors to assess the characteristics that bear directly upon parenting are more likely to meet with success if we conceptualize parenting as a job and focus our attention on those attributes, behaviors, attitudes, and skills that are reliably related to the demands of the job.

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