The Art and Science of Child Custody Evaluations

Mental health professionals who perform child custody evaluations may be familiar with the publications of Drs. Gould and Martindale. These scholars collaborated to author The Art and Science of Child Custody Evaluations, a recent text that addresses a knotty problem. The book contains many strengths and only minimal weaknesses. Overall, the authors have done a credible job of covering the mandatory areas that must be addressed by any evaluator performing a child custody evaluation.

The book is divided into four sections. Section I is an overview of the topic. The authors define and describe the current legal standard for child custody evaluations: the best interests of the child. Next is a comprehensive summary of the topic that highlights important areas. For example, the authors discuss how one must differentiate a legal evaluation from a clinical one. Absent, however, is any mention of the historical models of child custody that preceded the best-interests standard, such as the concept of children as chattel or the tender-years presumption.

Section II describes the art of the child custody evaluation. Ethics and appropriate forensic procedures are the primary subjects. Section III discusses the science of the child custody evaluation. It sets forth a description of methods for interviewing children and parents. These two sections are the nuts and bolts of the text. The authors identify the questions and areas that must be addressed for an evaluation to be thorough and therefore useful to the judge and the attorneys involved. They describe how to conduct the evaluation and frequently include lists of questions for the various areas that every evaluation should cover.

In addition, and much to the authors’ credit, they urge each evaluator to perform a self-examination in an effort to identify areas of potential conflict or bias. Possible problem areas are enumerated.

Section IV provides recommended techniques for assessing allegations of child sexual abuse, domestic violence, and parental alienation. It concludes with a chapter entitled “Another Call for Humility,” an apt ending. The authors cover several potential pitfalls, with recommendations for avoiding each.

The book has several strengths. It treats thorny topics such as overnight visitation for very young children. The authors offer lists of questions that an evaluator should consider during various phases of the litigation. An appendix includes sample letters of agreement that the authors recommend the parties sign at the beginning of the evaluation and at various stages of the process. Also presented are sample letters to attorneys apropos of various phases of the forensic evaluation process. Although these letters are copyrighted with the book, permission is given to the purchaser of the book to make personal use of them. An extensive bibliography with over 800 references offers easy access to additional information about particular topics.

There are a few weaknesses, as well. As mentioned, the history of child custody evaluations is absent. Thus, the reader cannot learn about techniques that have been tried and found wanting. Also, there are times when the authors become verbose; they use paragraphs to convey information when one or two sentences would suffice. In addition, there is no description of statutory requirements for child custody evaluations. The authors simply note that an evaluator must take into account state criteria. An appendix of the current child custody statutes would have been a valuable addition to the book.

One critical omission is a discussion of parents’ attitudes toward psychiatric illness. Some children and/or their parents have a mental illness that requires treatment including therapy, medication, and other interventions. Parents may resist medication and other therapies for themselves or their children. Obviously, this factor must be assessed when mental illness is a concern.

The authors also state that after an evaluator submits a report to an attorney, it is not a good idea for the evaluator to meet with the attorney who might call him or her to court, as it could give the appearance of bias. I disagree.

This book, or one like it, should be in every clinician's library. Students should learn what is involved in performing a proper evaluation, even if they never intend to do one. Clinicians, similarly, should have this book available to them to help clients, patients, and parents through the process of a divorce. Experienced forensic psychiatrists can benefit from reading the book as well, as there are multiple pearls of wisdom. All in all, the manuscript is a laudable effort by two forensic psychologists.

• American Academy of Psychiatry and the Law