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Purpose and Utility of Child Custody Evaluations: The Attorney's Perspective

Ms. Waller is Clinical and Research Assistant and Dr. Daniel is Director, Forensic Psychiatric Services, Custody Evaluation Research Center, Columbia, MO. Address correspondence to: Erika M. Waller, MA, Custody Evaluation Research Center, 33 East Broadway, Suite 115, Columbia, MO 65203. E-mail: eml91a{at}mizzou.edu

This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals. Fifty-nine attorneys completed an anonymous survey designed to ascertain their opinions about: (1) what factors prompt a custody evaluation, (2) expectations regarding evaluation procedures, (3) the utility of the resultant report, and (4) the impact of evaluations on litigation. Findings indicate that attorneys are most likely to seek child custody evaluations in the context of allegations regarding physical abuse, sexual abuse, or parental fitness. In addition, attorneys reported that they expect a very comprehensive evaluation procedure and find utility in an inclusive report. Finally, survey findings suggest that custody evaluations play a significant role in decisions to negotiate a settlement rather than proceed to trial. Limited available research and current practice related to these findings are reviewed.