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When Custody Evaluators Lose Focus

BY David A. Martindale
December 28, 2011

None of those who have written on the subject of performing parenting evaluations has asserted that the task is an easy one. There has, however, been broad agreement among writers in the mental health fields, and reasonable clarity in law, concerning the objective that evaluators should endeavor to meet. The Association of Family and Conciliation Courts' Model Standards for Child Custody Evaluation, in its Preamble, states, in part: “The child custody evaluation process involves the compilation of information and the formulation of opinions pertaining to the custody or parenting of a child and the dissemination of that information and those opinions to the court, to the litigants, and to the litigants' attorneys.”

Elsewhere in the Preamble to the Model Standards, evaluators are admonished to “perform their professional activities with a recognition of the investigative nature of the task ' .” Students in introductory psychology courses learn that we cannot objectively investigate that which we are simultaneously endeavoring to alter, yet it is not uncommon to find that evaluators have endeavored to improve the family relationships that they have been assigned to observe and describe.

The nature of the task accepted by evaluators obligates them to assess and describe parenting characteristics that are likely either to facilitate or to hamper each parent's efforts to provide effective parenting to the children who are the focus of litigation. Where deficiencies are noted in the manner in which a parent interacts with a child, the evaluator's task is to describe the way(s) in which the interactions are problematic and, if possible, to offer professional opinions concerning the likely long-term consequences for the child of residing with a parent who deals with the child in the specifically described ways. It is not the task of an evaluator to undertake efforts to alter problematic parent-child interaction patterns.

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