Court-ordered psychological evaluations for custody, often called forensic evaluation for custody or psych evaluations for custody, are a formal assessment of a parent’s mental health, personality, and behavior as it relates to their fitness to have some degree of custody of their child. These assessments are most commonly used during divorce proceedings. Still, they can also be used when a parent has lost custody and feels they have made the necessary changes to regain some degree of contact. We differentiate court-ordered assessments from a parenting psychological evaluation (which we also do) because the former is required while the latter is voluntary.
Please note that court-ordered psychological evaluations for custody come with fewer rights to confidentiality than when your lawyer asks you to get a voluntary parenting psychological evaluation. In the latter, you maintain privacy and can usually decide what to do with the results. We go over most of the differences in the following sections.
Don’t hesitate to contact us or schedule a consultation if you are a client, attorney, or court officer and have questions about the process of our psych evaluations for custody.
Court-Ordered Psychological Evaluations for Custody Overview
The purpose of a forensic evaluation for custody is to evaluate the mental health of parents or guardians in custody disputes. Depending on the concerns of the person asking for the assessment. Psych evaluations for custody may involve concerns about anger, attention, depression, anxiety, or more general mental health. A parenting psychological evaluation often refers to whether the person has specific parenting skills and competency.
Court-ordered psychological Evaluations for Custody Components
The general parts of a psych evaluation for custody include:
- Clinical Interviews: In the first step, we conduct structured or semi-structured interviews with the person to gather information about their mental health history, personal history, and the circumstances of the legal case.
- Psychological Testing: Standardized tests and assessments measure various aspects of the individual’s psychological functioning, such as cognitive abilities, personality traits, and emotional states. This might include tests for executive functioning as these functions relate to parenting.
- Collateral Information: We often review medical records, criminal records, school records, and other documents and interview family members, friends, or other relevant individuals.
- Behavioral Observation: In some cases, we may observe the individual’s behavior in different settings, such as in court or a clinical setting. We might observe the person with their child.
- Forensic Report: After these steps, we compile the findings into a comprehensive report that includes assessing the person’s mental state, a diagnosis, if applicable, and opinions on how the individual’s psychological condition relates to parenting.
Court-ordered Psychological Evaluations for Custody Process
The process for a forensic evaluation for custody differs from traditional psychological testing and assessment. It generally goes as follows:
- Referral: Psych evaluations for custody are usually ordered by a court or requested by an attorney. The evaluator must be a licensed psychologist or psychiatrist with forensic training, so we always use senior-level staff.
- Informed Consent: The individual must provide informed consent, understanding that the evaluation is for legal purposes and the results will be shared with the court. This is different from permission—when it is a court-ordered psychological evaluation for custody, the person does not have to give consent to be tested, but it is still vital that they ensure they understand what it will involve.
- Evaluation Sessions: Depending on the case’s complexity, multiple sessions may be required.
- Report Submission: After completing the assessment, we submit a detailed report to the court or the lawyer, depending on where the request came from. This report may include recommendations for treatment, parental competency determinations, or opinions on other legal issues.
For voluntary parenting assessments, the above process is different because we need your permission, and the report is not directly submitted to the court; you get the report and can decide what to do with it.
Psych Evaluations for Custody Considerations:
You should be aware of several considerations regarding court-ordered psychological evaluations for custody (or when your lawyer suggests you have a voluntary parenting psychological evaluation).
- Impartiality: We remain impartial, focusing solely on the psychological aspects without bias toward either party. In other words, we are not working for you or your lawyer in a way that would bias our results. We remain scientifically grounded and present the findings as they are.
- Confidentiality: With court-ordered psychological evaluations for custody, the results are typically disclosed to the court and relevant parties involved in the legal case. You do not have the right to confidentiality except when you pursued the assessment voluntarily; when your lawyer requests a voluntary parenting psychological evaluation, you have the right to privacy. We will release the report to you, and you can decide how it will be used.
- Legal Impact: The findings of a forensic evaluation for custody can significantly impact legal outcomes. Thus, it is essential to work closely with your attorney and evaluator to understand the process and the assessment implications.
Forensic Evaluation for Custody Example
Sarah and John are going through a contentious divorce, and both are seeking primary custody of their 7-year-old daughter, Emily. During the proceedings, concerns are raised about Sarah’s mental health, specifically regarding her ability to provide a stable and safe environment for Emily. A forensic evaluation for custody was ordered to help determine her fitness as a custodial parent.
Steps in the Process:
- Court Order and Referral:
- The judge orders that a forensic psychologist conduct a mental health evaluation on Sarah. The goal is to assess whether Sarah’s mental health condition could negatively impact her ability to care for Emily.
- Informed Consent:
- Sarah was informed about the purpose and process of the assessment and that the findings would be reported to the court. She provides consent to participate.
- Clinical Interview:
- We meet with Sarah for several in-depth interviews. During these sessions, we ask about her mental health history, her current emotional state, her relationship with Emily, and her ability to manage daily responsibilities as a parent.
- Sarah discusses her history of anxiety and depression, mentioning that she has been in therapy and on medication for several years. She also explains how the divorce has exacerbated her stress and emotional challenges.
- Psychological Testing:
- Sarah is asked to complete several standardized psychological tests to assess her cognitive abilities, personality traits, and emotional stability.
- The tests reveal moderate levels of anxiety and depression but also show that Sarah is generally capable of managing her symptoms with ongoing treatment.
- Collateral Interviews:
- We also interview John, Sarah’s therapist, and a few close family members to gather additional perspectives on Sarah’s mental health and her relationship with Emily. (If this had been a voluntary parenting psychological evaluation, we would have only done it with Sarah’s permission.)
- John expresses concerns about Sarah’s ability to cope with stress, while Sarah’s therapist notes that she has made significant progress in managing her mental health.
- Behavioral Observation:
- We observe an interaction between Sarah and Emily in a controlled setting. During the observation, Sarah is attentive and nurturing, and Emily appears comfortable and happy in her mother’s presence.
- Review of Records:
- Finally, we reviewed relevant records, including Sarah’s medical records, therapy notes, and any previous reports related to her mental health.
The Conclusions
- The Report:
- After completing the forensic evaluation for custody, we compile a comprehensive report for the court. Had this been a voluntary parenting assessment, it would have gone directly to Sarah only. The report includes the following key points:
- Diagnosis: Sarah is diagnosed with generalized anxiety disorder and mild depression.
- Parenting Capacity: Despite her mental health challenges, Sarah demonstrates a strong bond with Emily and can provide a stable and loving environment, particularly with continued mental health support.
- Recommendations: We recommend that Sarah continue her therapy and medication management. The report suggests joint custody, with primary physical custody awarded to Sarah, as long as she remains compliant with her treatment plan. We also recommend regular check-ins with a mental health professional to monitor Sarah’s condition.
- After completing the forensic evaluation for custody, we compile a comprehensive report for the court. Had this been a voluntary parenting assessment, it would have gone directly to Sarah only. The report includes the following key points:
- Court Decision:
- The court reviews the evaluator’s forensic evaluation for custody report and other evidence presented during the custody case. The judge decides to follow our recommendations, granting Sarah primary physical custody of Emily, with John having regular visitation rights.
- Follow-Up:
- The court orders Sarah to continue her treatment and attend periodic evaluations to ensure that her mental health remains stable and that she can fulfill her parenting responsibilities.
Key Considerations in Psych Evaluations for Custody
- Best Interests of the Child: The primary focus of psych evaluations for custody is the child’s well-being. The court considers how each parent’s mental health impacts their ability to provide a safe, stable, and nurturing environment. We follow the same course, no matter who hires us.
- Impartiality: We remain neutral, focusing solely on the psychological aspects and not favoring either parent. Even on voluntary parenting evaluations, we follow the science.
- Confidentiality and Disclosure: The findings of court-ordered psych evaluations for custody like this one are confidential but will be shared with the court and relevant parties. Clients can control whether voluntary evaluations are shared with the court.
- Legal Implications: The results of psych evaluations for custody can significantly influence custody arrangements, visitation schedules, and any conditions attached to the custody order (such as ongoing therapy).
Conclusions and Our Work:
Court-ordered psychological evaluations for custody are a critical tool used by the court to determine what arrangement is in the best interest of the child. The evaluation assesses the psychological and emotional fitness of the parents or guardians involved, helping the court make informed decisions about custody and visitation rights. These evaluations give the court a detailed understanding of each parent’s psychological fitness, helping to shape decisions supporting the child’s overall well-being.
Parenting Psychological Evaluation vs. Court Ordered
We offer court-ordered psychological evaluations for custody and voluntary services. The latter is called a parenting psychological evaluation, and when we do that, we are the client and have full control of how the information is used and who gets it. A parenting psychological evaluation can also be mixed with other testing if you have questions about your functioning unrelated to custody. We also offer other types of forensic psychological assessments.
If you are a prospective client or a lawyer or a court officer, don’t hesitate to contact us or schedule a consultation about our forensic evaluation for custody services.
