Experts (Part 3)

Stages of an evaluation:

A. "Setup:" the evaluator first becomes acquainted with the case. Most evaluators prefer to communicate initially with a client representative or one of the attorneys to determine: the basic facts of the case, whether one or both parents will participate, whether the children will be evaluated, and the scope of evaluation.

If both parties participate, payment is normally allocated based on ratios of income. In either case, money must be deposited with the evaluator (unless, of course, the evaluator is paid from some other source such as the court system). The setup may also include an initial meeting with the client(s) for purposes of getting the necessary documents signed, consisting of a retainer agreement (contract for services), payment of retainer, "informed consent" statement, waiver confidentiality (giving evaluator right to disclose findings to court and opposing counsel), as well as various medical, educational and other releases.

B. Information gathering and an analysis of the results: during this stage the evaluator meets the client(s) on a substantive level and often will talk further with counsel, or both counsel if both parties are to be included. Based upon these interviews and the scope of the evaluation, the evaluator then develops a plan for determining his conclusions. In developing the plan, the psychologist will determine whose interviews would be helpful. This of course will vary depending upon the objective and the individual case. If there is a custody dispute, a conscientious psychologist will typically talk to the children's day care providers, teachers, extended family members, prior counselors, treating physicians, and, where a factor, new spouses or significant others. Again, the information sought will vary with the objective. Commonly, however, the psychologist will inquire as to the children's behavior, their health and their attitudes.

The interview will ask about each parent's interaction with the interviewee, and the interviewee's familiarity with each parent. The interviewer may investigate alleged incidents during these interviews. A psychologist will commonly invest 5 to 8 hours in interviews. Psychologists term the information gleaned from this method "subjective data." But such sources are immensely useful in giving a fuller and more accurate picture. The evaluator must be able to get third party perspectives to test the validity of what he hears from the parties as well as to gain insight and knowledge the parties do not possess.

In addition to interviews, a psychologist will administer certain tests to the client(s) and the children. The appropriate tests are, of course, determined by the objective. Where there is a custody battle, the psychologist will typically give a battery of tests. The tests are either objective, for example, multiple choice where the individual has no room for discretion beyond stated choices, or projective, which gives latitude in the response and considers behavior and other factors. As a result, a projective test is more difficult to score. An example of a projective test is one where the individual is asked to draw pictures.

In addition to interviews and testing, it is helpful to give the evaluator other sources of information, which make his conclusions more credible at trial. Examples include journals kept by either party, letters and notes by either party. Another important source which many lawyers neglect is the discovery materials obtained during the pendency of the case -- interrogatories, requests for admissions, deposition transcripts, etc. The expert's authority is greatly enhanced by having considered this additional information.

C. Analysis and conclusions phase: the evaluator analyses the data and arrives at opinions. Often, an evaluator prepares a report, 15-25 pages in length, which summarizes the evaluator's the opinions and their basis. The report will identify all sources of information used: interviews, tests, discovery materials such as depositions, original documents such as letters, journals, etc. The report will likely provide a brief statement of the problem or task. It will recount briefly the history of the relationship and data such as length of marriage and ages of children. Each subject evaluated, parent or child, should be discussed individually as well as his/her relationship with the other subjects.

A well-written report will also contain references to the custody criteria of the governing statute in detailing the basis for any custodial opinion.

This online custody guide is adapted with permission from "Civil War: A Dad's Guide to Custody" (266 pages, softcover) - available in our online store.