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The Proposed APA Guidelines for Child Custody Evaluations
The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. APA Guidelines for Child Custody Evaluations in Divorce Proceedings (1994). Although the original guidelines called themselves 'aspirational goals,' many states required their use through case law or ethical standards for psychologists. See, e.g., Pennsylvania and Florida. Since 1994, when the guidelines were adopted, they have been used effectively to cross-examine these experts and their reports. The proposed guidelines would substantially weaken their obligations and protect them from the effective cross-examinations that have challenged their work product.
Background
The original guidelines, currently in place, required, for example, that the psychologist examine information for the best psychological interest of the child, a logical charge for those trained in psychology. No one who practices in this area of the law would dispute that there are many factors to be considered in the placement of a child, the psychological interest being only one of many. Moreover, no one can dispute that after gathering the evidence presented in court, the psychological evidence being only one piece of the case, it is up to the finder of fact to weigh the evidence and make the final decision. Since 1994, those of us who have been familiar with these guidelines and used them to challenge the recommendations of the testifying expert have found that psychologists have bristled at the idea that their charge restricted them only to psychological interests rather than being able to make a final decision. As such, the new proposed guidelines delete the word 'psychological' before the words 'best interests,' thereby broadening their scope of inquiry and further reducing the role of the judge.
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