How Is a Forensic Psychiatrist Used in Custody Cases?
A forensic psychiatrist is often asked to do an evaluation related to child custody at various points in the divorce process. He or she may also be asked to give opinions on visitation schedules and to determine the need for psychiatric treatment for members of the family to cope with the stressful situation of divorce or separation. The standard of the "best interests of the child" is the principal guideline in any custody situation. Therefore, in order to determine the child's interests, a large part of the forensic psychiatrist's evaluation involves a series of interviews of various members of the family and the child him or herself. The physician may even visit the child at home or at school.
The forensic psychiatrist usually organizes his or her findings and recommendations for custody in a written report. He may also be asked to testify if there are court proceedings or meet with a Guardian Ad Litem if necessary. Because of the psychiatrist's legal and medical education and experience, there is always the awareness that what is written in the report is not confidential and can be used as evidence in a court of law or for legal evaluation.
There may be extenuating circumstances during custody hearings that would require a forensic psychiatrist. Such circumstances can include determining joint custody, father custody (still less common than custody of the mother), gay and lesbian parents, mentally ill parents, grandparents, and allegations of abuse or neglect and parental kidnapping.
A forensic psychiatrist must have a thorough understanding of the legal standards in child custody evaluations and knowledge of the implications of the best interest standard. Furthermore, there are legal considerations in child custody, such as the parent's parenting capacity, the types of child custody arrangements, and the sexual orientation of the separating parents.
The child custody evaluation process itself involves consent, the evaluation of the child orchildren (including direct observation), psychological testing, dealing with third-party information, and report writing and testifying in court.
Besides his or her medical training and expertise in legal affairs, the forensic psychiatrist must have an in-depth understanding of areas of research relevant to child custody evaluation and decision making; a knowledge of attachment theory, and child development and parenting practices in child development (particularly relevant for cases involving young children). There is a tremendous impact of divorce on the child's psychological and social adjustment, which the forensic psychiatrist needs to take into account.
There are issues the psychiatrist must address before, during and after divorce proceedings. These include the effect on the child of parental and marital conflict pre- and post-divorce, issues of parenting after divorce, and sole custody/joint custody and access for the noncustodial parent.
Special issues include allegations of sexual and physical abuse in child custody settings, parental alienation and relocation issues. If one or both parents have problems with substance abuse and/or mental illness, the psychiatrist must evaluate the impact in determining custody.
Because of the range of issues and levels of complexity in custody cases, a forensic psychiatrist can prove invaluable in getting the fairest outcome for all concerned parties in child custody cases.
About the Author:
Stephen Kelly is a entrepreneur and freelance writer. Be sure to check out this Expert Forensic Psychiatrist website for more great articles like this one.
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