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AAML Child Custody Evaluation Standards
Family law advocates know where to turn for expertise in addressing economic controversies in divorces. Typically, lawyers seek expert advice with auditing financial records, valuing residential and commercial real estate, and actuarially determining the value of deferred assets like pension benefits. In many instances, the economic expert draws from accounting standards, real estate valuation standards and well-established actuarial standards. Some valuation determinations become controversial, with disputes over interpreting the data collected. Nonetheless, the valuation principles are usually well established in the particular financial field. Compare this with the guidance sought in child custody litigation when the courts consider input from custody evaluators. What are the standards for the custody expert? Do courts across the United States rely on established psychological standards? Now, the American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.
Background
In 2006, the AAML formed an interdisciplinary committee to develop standards for the courts, parties, counsel and mental health professionals for the preparation of uniform child custody evaluations. The committee drew on the knowledge of experienced family law attorneys: AAML Fellows from across the United States who have handled the full range of custody disputes, including serving as guardian ad litem. They were joined by nationally recognized forensic psychologists who have served families and the courts as custody evaluators for many years. The committee recognized that many large urban jurisdictions benefit from a wealth of mental health professionals who have the experience in child development and custody evaluation to assist the court if called on to work with a family and report to the court. Too often, however, jurisdictions with fewer resources ' or in any county in which an individual judge is unfamiliar with custody evaluation standards ' purported custody experts are allowed to testify without following appropriate psychological and legal standards. States need to require clearly outlined credentials and procedures for child custody experts. If the AAML Standards are accepted, they should be reflected in new legislation and court Rules to identify the best interests of children affected by divorce, custody litigation or dependency.
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