Forensic Psychologists in Custody Cases

In divorce cases and family court custody matters, judges appoint a forensic psychologist or forensic evaluator, to provide their professional opinion on which parent should receive custody. The forensics meets with the parties, reviews documents, and writes a report that is then submitted to the attorneys. The process can take months and is designed to create a neutral analysis of the case. Dealing with a forensic can be very daunting and experienced custody attorneys help prepare their client for the meetings.

A Forensic Can Evaluate Different Custody Issues

A judge has the ability to direct a forensic to evaluate specific custody issues. Some common issues are:

• Physical custody

• Parenting time

• Decision making

• Domestic violence

• Substance abuse

• Mental illness

• Relocation

• Interference with Parental rights

• Grandparent visits

Meeting with the Forensic Evaluator

The forensic speaks with the parents and children. The forensic psychologist will often meet with the children alone and then meet with the children and parents together to see how they interact. The forensic can also meet with any healthcare professional, therapist, or school personnel. The parents can provide the forensic with a list of witnesses and family members to speak with. Attorneys for the parents are not allowed to communicate with the forensic.

Providing Documents to the Forensic

A party is allowed to provide the forensic with any documents they think are relevant to support their position. These documents can include text messages, emails, medical records, court pleadings, and family petitions, or pictures. The documents are not “privileged” and may need to be provided to the other parent’s attorney.

The Forensic Report

Once the forensic psychologist has concluded the evaluation, a report is written for the court. The report is given to the attorneys, but it cannot be shared with the parents. The report details the parent’s individual history, their history as a couple, their interactions with their children, and any documents that were reviewed. At the end of the report, the forensic evaluator will provide a conclusion as to which parent should have custody.

The forensic may be called as a witness at a trial or hearing to present the findings to the court.

Daniel Szalkiewicz and Cali Madia are Dedicated Custody Attorneys

Daniel Szalkiewicz and Cali Madia understand how important your custody matter is to you.  We help you fight for what is in your children’s best interest and to create the home life you want.