Psychological, Parental Fitness, and Child Custody Evaluations

How many times have you reviewed an order for evaluation and found that the judge has requested a psychological evaluation of the parties? Perhaps you have seen proposed orders written by fellow attorneys who request a forensic child custody evaluation. Other orders may ask for a parental fitness evaluation or a parental competence evaluation. For many, these terms are poorly defined and leave the end-user of the order (the evaluator) uncertain as to the focus of the evaluation. This article offers' some clarity about the focus of each type of assessment, and suggests the types of questions addressed by each evaluation.

Psychological Evaluation

A psychological evaluation is intended to provide information about an individual. The focus is on the mental health of the individual. In the context of child custody litigation, questions investigated by an examiner would include at the most general level “What is the overall mental health and/or psychological well-being of this individual?” More specific questions might include, “Does this individual's behavior conform to the DSM IV-TR diagnostic category of alcoholism” or “Does this individual's behavior fit the diagnostic category of (fill in your favorite psychiatric diagnosis)?”

A psychological evaluation conducted within the context of custody litigation would utilize the same forensic methods employed in any forensic examination. Specific questions would define the nature and scope of the assessment. The individual would be interviewed several times. Information would be obtained from relevant third-party sources through interviews and/or record review. Psychological tests would be administered, scored, and interpreted.” Observations of the individual's behavior would be noted. The evaluator would integrate information obtained from the evaluation process with empirical research addressing the specific psychological concerns noted in the referral questions.

There is no formal assessment information about the children. There is no formal assessment information about the other parent. There is no observation of parent-child interactions.' There is no opinion about parenting, in general, and no opinion about custodial residential placement or custodial decision-making.

Parental Fitness or Parental Competency Evaluation

Courts often request parental fitness or parental competency evaluations. Here, the term “parental fitness” evaluation is used, but the reader should know that the terms are interchangeable. The purpose of a parental fitness evaluation is to examine the minimal parenting competencies of an individual. The question posed in a parental fitness examination is: “Does this individual have the minimal parental skills needed to parent his/her child(ren) safely and effectively?”

Historically, a parental fitness examination was developed for use in dependency court actions when the court was concerned about a parent's ability to parent his/her children at the most basic level of parental competence. Over time, parental fitness examinations have become part of family court. A court may request an evaluation of one parent's fitness while being unconcerned about the other parent's fitness.

A parental fitness evaluation conducted within the context of custody litigation would utilize the same forensic methods employed in any forensic examination. In comparison with the psychological evaluation, the parental fitness evaluation includes a formal assessment of the children and their relationship with one parent.

Specific questions would define the nature and scope of the assessment. The parent would be interviewed several times. Each child would be interviewed two or more times. The parent-child interaction would be observed at least two times. Information would be obtained from relevant third party sources through interviews and/or record review. Psychological tests would be administered, scored, and interpreted. Observations of the parent's and the children's behavior would be noted. The evaluator would integrate information obtained from the evaluation process with empirical research addressing the specific psychological concerns noted in the referral questions.

Compared with a psychological evaluation, a parental fitness evaluation includes formal assessment information about the children and/or formal assessment information about parent-child(ren) interaction. There is no formal assessment information about the other parent. Although the evaluator may opine on some aspects of parenting, there is no opinion about the comparison between the evaluated parent and the unevaluated parent. There is no opinion about custodial residential placement or custodial decision-making.

Attorneys often label a psychological evaluation as a parental fitness evaluation. The retained evaluator is asked to offer an opinion about one parent's parental fitness, yet is not allowed to observe that parent with the children, not allowed to interview the children, and not allowed to talk to the other parent or any of his/her collateral sources. There is a dearth of information about parenting in these evaluations. The lack of information about each of these important areas leads to insufficient set of data upon which to opine about parenting. The information that does exist about parenting either comes from the parent him/herself or his/her collateral sources. By its very nature, the methodology employed in such evaluations is inherently unreliable and, as a result, opinions that spring from the use of such unreliable methodology are untrustworthy.'

Custody Evaluation

A custody evaluation is a comparison of two parental fitness examinations in which the question is not “Which parent has the minimal skills needed to parent the child(ren)?” but asks, “Which parent is best suited to foster the psychological best interests of each child?” It is the comprehensiveness of the information obtained about the mother, the father, and the children that allows the evaluator to make statements of comparison between the parents.

In a previous issue of The Matrimonial Strategist [May 2009], Gould and Martindale argued for attorneys to provide evaluators with specific questions that define the nature and scope of the evaluation. The identification of specific questions to guide forensic evaluation should be an important component of every assessment conducted for family court.

Some readers may be familiar with literature describing brief, focused evaluations as distinct from comprehensive child custody evaluations. This is a distinction without a difference. When specific questions define the purpose and scope of an evaluation, all evaluations are focused ones. Whether the evaluation is brief or comprehensive is related to the number of specific questions identified for investigation. And whether one is conducting a brief, focused evaluation or a comprehensive child custody evaluation, the methodology should be the same.

Conclusion

In summary, the focus of a psychological evaluation is one person. The focus of a parental fitness evaluation is one parent in relationship to one or more children. The focus of a child custody evaluation is a comparison between both parents (or caretakers) with regard to each parent's ability to foster the psychological best interests of the child(ren).

Jonathan Gould, PhD, ABPP, a member of this newsletter's Board of Editors, is board certified in forensic psychology by the American Board of Professional Psychology. He can be reached at [email protected].

How many times have you reviewed an order for evaluation and found that the judge has requested a psychological evaluation of the parties? Perhaps you have seen proposed orders written by fellow attorneys who request a forensic child custody evaluation. Other orders may ask for a parental fitness evaluation or a parental competence evaluation. For many, these terms are poorly defined and leave the end-user of the order (the evaluator) uncertain as to the focus of the evaluation. This article offers' some clarity about the focus of each type of assessment, and suggests the types of questions addressed by each evaluation.

Psychological Evaluation

A psychological evaluation is intended to provide information about an individual. The focus is on the mental health of the individual. In the context of child custody litigation, questions investigated by an examiner would include at the most general level “What is the overall mental health and/or psychological well-being of this individual?” More specific questions might include, “Does this individual's behavior conform to the DSM IV-TR diagnostic category of alcoholism” or “Does this individual's behavior fit the diagnostic category of (fill in your favorite psychiatric diagnosis)?”

A psychological evaluation conducted within the context of custody litigation would utilize the same forensic methods employed in any forensic examination. Specific questions would define the nature and scope of the assessment. The individual would be interviewed several times. Information would be obtained from relevant third-party sources through interviews and/or record review. Psychological tests would be administered, scored, and interpreted.” Observations of the individual's behavior would be noted. The evaluator would integrate information obtained from the evaluation process with empirical research addressing the specific psychological concerns noted in the referral questions.

There is no formal assessment information about the children. There is no formal assessment information about the other parent. There is no observation of parent-child interactions.' There is no opinion about parenting, in general, and no opinion about custodial residential placement or custodial decision-making.

Parental Fitness or Parental Competency Evaluation

Courts often request parental fitness or parental competency evaluations. Here, the term “parental fitness” evaluation is used, but the reader should know that the terms are interchangeable. The purpose of a parental fitness evaluation is to examine the minimal parenting competencies of an individual. The question posed in a parental fitness examination is: “Does this individual have the minimal parental skills needed to parent his/her child(ren) safely and effectively?”

Historically, a parental fitness examination was developed for use in dependency court actions when the court was concerned about a parent's ability to parent his/her children at the most basic level of parental competence. Over time, parental fitness examinations have become part of family court. A court may request an evaluation of one parent's fitness while being unconcerned about the other parent's fitness.

A parental fitness evaluation conducted within the context of custody litigation would utilize the same forensic methods employed in any forensic examination. In comparison with the psychological evaluation, the parental fitness evaluation includes a formal assessment of the children and their relationship with one parent.

Specific questions would define the nature and scope of the assessment. The parent would be interviewed several times. Each child would be interviewed two or more times. The parent-child interaction would be observed at least two times. Information would be obtained from relevant third party sources through interviews and/or record review. Psychological tests would be administered, scored, and interpreted. Observations of the parent's and the children's behavior would be noted. The evaluator would integrate information obtained from the evaluation process with empirical research addressing the specific psychological concerns noted in the referral questions.

Compared with a psychological evaluation, a parental fitness evaluation includes formal assessment information about the children and/or formal assessment information about parent-child(ren) interaction. There is no formal assessment information about the other parent. Although the evaluator may opine on some aspects of parenting, there is no opinion about the comparison between the evaluated parent and the unevaluated parent. There is no opinion about custodial residential placement or custodial decision-making.

Attorneys often label a psychological evaluation as a parental fitness evaluation. The retained evaluator is asked to offer an opinion about one parent's parental fitness, yet is not allowed to observe that parent with the children, not allowed to interview the children, and not allowed to talk to the other parent or any of his/her collateral sources. There is a dearth of information about parenting in these evaluations. The lack of information about each of these important areas leads to insufficient set of data upon which to opine about parenting. The information that does exist about parenting either comes from the parent him/herself or his/her collateral sources. By its very nature, the methodology employed in such evaluations is inherently unreliable and, as a result, opinions that spring from the use of such unreliable methodology are untrustworthy.'

Custody Evaluation

A custody evaluation is a comparison of two parental fitness examinations in which the question is not “Which parent has the minimal skills needed to parent the child(ren)?” but asks, “Which parent is best suited to foster the psychological best interests of each child?” It is the comprehensiveness of the information obtained about the mother, the father, and the children that allows the evaluator to make statements of comparison between the parents.

In a previous issue of The Matrimonial Strategist [May 2009], Gould and Martindale argued for attorneys to provide evaluators with specific questions that define the nature and scope of the evaluation. The identification of specific questions to guide forensic evaluation should be an important component of every assessment conducted for family court.

Some readers may be familiar with literature describing brief, focused evaluations as distinct from comprehensive child custody evaluations. This is a distinction without a difference. When specific questions define the purpose and scope of an evaluation, all evaluations are focused ones. Whether the evaluation is brief or comprehensive is related to the number of specific questions identified for investigation. And whether one is conducting a brief, focused evaluation or a comprehensive child custody evaluation, the methodology should be the same.

Conclusion

In summary, the focus of a psychological evaluation is one person. The focus of a parental fitness evaluation is one parent in relationship to one or more children. The focus of a child custody evaluation is a comparison between both parents (or caretakers) with regard to each parent's ability to foster the psychological best interests of the child(ren).

Jonathan Gould, PhD, ABPP, a member of this newsletter's Board of Editors, is board certified in forensic psychology by the American Board of Professional Psychology. He can be reached at [email protected].