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Bias in Custody Evaluations

BY Jeffrey P. Wittmann
December 28, 2011

The hallmarks of effective and trustworthy forensic work are: 1) even-handed and fair-minded interaction with litigants; 2) collection of data; and 3) interpretation of what has been learned about a family. “Bias,” in the broadest sense, refers to an emotional or cognitive inclination that interferes with an unprejudiced consideration of the data that has been gathered.

Bias can come in many forms. An evaluator may unconsciously favor fathers, a prejudice that quickly becomes evident when he disdains some of the mother's assertions without reason. Another evaluator may set herself up for a preference for the mother's position in a case simply by interviewing the mother first ' and repeatedly ' in advance of ever seeing the father. Still another evaluator may enter an assessment with firmly held pre-conceptions about what is good and bad for children (e.g., the family bed is bad; young children should be with their mothers; etc.) despite the fact that the empirical research in his or her discipline fails to support such ideas.

These cognitive sets and assumptions, however formed, create a kind of lens through which data that is gathered on a family is processed and interpreted. And these biases create the very real potential for errors to be made at the stage where the court is being given an evaluator's “bottom line” about a particular child's needs or a certain parent's skills and capacities.

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