Child Family Investigator / Custody EvaluatorIntroductionIn divorce or paternity cases with difficult custody disputes, C.R.S. 14-10-116 authorizes a court to appoint a professional to help determine what parenting arrangements are in the best interests of the child. Sometimes, in high-conflict cases, the disputes may include allegations that one parent is trying to alienate the children from the other. In the past few years, I have performed dozens of parenting evaluations, testified as an expert in front of most of the domestic law judges, and enjoy a good relationship with the attorneys I've worked with. Best interests of the childIn determining the best interests of the child, C.R.S. 14-10-124 outlines almost a dozen factors for the courts, and therefore the Evaluators to consider. They include: • The wishes of the child's parents, and the child, if sufficiently mature enough to express reasoned and independent preferences, • The relationship and history of involvement between the child and each parent, siblings, and other significant people, • How well adjusted the child is to his/her current home, school, and community, • The mental and physical health of all individuals (note that a disability alone shall not be used as a basis to deny or restrict parenting), • The ability of each parent to foster a relationship between the child and other parent, and • Any history of child abuse or neglect, or spousal abuse. Evaluation ProcedureTo determine the best interests of the child, it generally takes about 8 weeks from appointment to report. If my schedule permits, evaluations may be rushed under certain situations, or more abbreviated evaluations can be conducted, e.g., for Temporary Orders hearings. Prices vary depending upon the complexity of the case. Please call 719-473-1813 or email for more information. While there are no formal rules on how to conduct a custody evaluation, most experts follow a generally accepted protocol which includes these steps: • Meet the PartiesThe first step after reviewing the case is to have counsel explain the issues as they see them. Next, I meet with both parents individually, and get their views and concerns about parenting. Finally, if the children are sufficiently mature enough to express independent preferences, I meet with them, listen to their thoughts and preferences on all aspects of parenting and custody, including safety and well-being issues. It is important to note, however, that the children's views are relevant, but not controlling. • Psychological TestingAfter meeting the parties, I conduct whatever testing may be appropriate. Psychological testing consists of the Parenting Alliance Measure (PAM), Ackerman-Schoendorf Scales for Parent Evaluation of Custody, Parent Child Relationship Inventory (PCRI), and Horney-Coolidge Type Indicator. When necessary, the testing may go deeper and include tests for domestic violence, substance abuse, or other physical abuse. Some cases may require more detailed tests, such as MMPI. Clinical experience has taught me standardized assessment tools often highlight important issues that professionals may not have otherwise considered. However, any psychological testing can only augment the expert's personal observations and judgment, not replace it. I am skeptical of any conclusion based solely on "clinical judgment" - no matter how strong an individual testing result, it can only produce an hypothesis that requires validation separate sources. • Gathering the FactsEvery evaluation must include fact-gathering. Perhaps most important is a visit to the home of each parent to evaluate the living conditions (sleeping arrangements, safety issues, availability of food), other members of the household, and any other issues that may effect in the safety of the child. I also interview collateral witnesses provided by parents, such as friends, family, teachers, day care providers, therapists and doctors. Sometimes a parent may be undergoing a course of court-ordered treatment, such as domestic violence, urinalysis testing, anabuse, or drug and alcohol classes. In these cases, I monitor compliance with those orders. • Preparing a ReportAfter considering all of the facts, reports and evaluations, the final step is to prepare a report containing recommendations, a proposed parenting plan, and any specific concerns which arose during the investigation. This report is provided to all parties, counsel, and the Court. In-court testimony is available if needed. Significant Parenting StudiesIn recent years, several experts have published studies on the impact of placement and parenting time on children. Some of the more significant ones include those by Lamb & Kelly a milestone for fathers' rights), Solomon & Biringen, and Gould & Stahl (advocating a case-by-case approach over broadly-applied rules). While one approach may tend to work in a specific case, it may work well for others. This means there can be no "one size fits all" cookie-cutter approach when it comes to parenting and the best interests of the children. Instead, I approach every case as unique, with no preconceptions about the ultimate outcome. |
Lisa Routh, PsyD.
|