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Forensic Mythologies and Custody Evaluations

By Jeffrey P. Wittmann
September 02, 2017

Author's Note: Readers interested in reviewing the research literature underlying the material presented herein can study the following: 1) Faust, D. & Ahern, D.C. (2011): Clinical Judgment and Prediction (In D. Faust: Coping with Psychiatric and Psychological Testimony. 6th ed.); 2) Garb, H. (1998): Studying the Clinician: Judgment Research and Psychological Assessment (APA); 3) Lamb, et. al. (2000): Accuracy of Investigators' Verbatim Notes of Their Forensic Interviews with Alleged Child Abuse Victims (Law and Human Behavior, vol. 6); 4) Stewart, R. & Chambless, D. (2007): Does Psychology Research Inform Treatment Decisions in Private Practice? (J Clinical Psychol, Vol 63).

Assumptions

As forensic psychologists and psychiatrists agree to accept appointments as evaluators or take the stand to testify about a custody matter, there are often many assumptions about forensic practice floating among those in the legal community, and even on the part of litigants, that are questionable at best. Some are entirely inaccurate and can lead to beliefs about forensic reliability that yield a misplaced acquiescence to the belief that the “doctor knows best.” A review of some of these misplaced assumptions, through the lens of clinical judgment research, reinforces the notion that zealously analyzing and challenging the data, methods and reasoning used by evaluators is critically important during any litigation process that may profoundly affect a child's life.

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