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Two New Angles on Custody Litigation

BY Lynne Gold-Bikin
November 29, 2005

Custody litigators use expert testimony and tests to influence the court's decision about which parent should have custody of the child(ren). Psychologists and the MMPI2 test are two tools frequently utilized, but they should be viewed with caution. The American Psychology Association Guidelines for Use in Custody Cases (Guidelines), which were promulgated by the American Psychological Association in 1994, have been a source of discussion and controversy in the courtroom since they were first published. Are they guidelines or are they mandatory directives for the approaches to be taken by the evaluator in the custody evaluation process? For those of us who handle custody litigation, a recent case in Pennsylvania is instructive.

A Case in Point

In 2002, a PhD psychologist and attorney, Jan Grossman, was hired by a litigant mother who was embroiled in a contested custody matter. Grossman was ostensibly hired to review the report of the court-appointed expert. Not content simply to review the submitted report and comment on it, Dr. Grossman asked the mother's lawyer to get permission from the father for the doctor to see the child, which the mother had apparently failed to do. No notice, therefore, was given to the other side the first time Dr. Grossman saw the child, and Dr. Grossman did not check to assure that permission had been given.

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