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Foundational Scrutiny of Forensic Custody Opinions

While there is a wealth of information that forensic evaluators can offer courts as they deal with the tangled issues connected to custody disputes, the deficiencies in our knowledge listed below can be effectively utilized during cross examination to make clear to the court that the final custody "choice" by an evaluator, while sounding logical, may be less reliable than it sounds ' that it may actually rest on sand.

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It has been this author’s experience, while assisting attorneys with the task of challenging custody opinions that either didn’t fit with their client’s interests or that appeared incongruent with a child’s needs, that sometimes a critical step in the process is missed due to superficial cross-examination. Consequently, an important opportunity to educate the court is missed.

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