Family Law Psychological Evaluations |
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Psychological EvaluationsSometimes before deciding child custody and visitation, the court may order an a psychological evaluation by a qualified forensic psychologist. A so-called "Forensic Evaluation" is different from ordinary therapy. A forensic psychologist is one with expertise at evaluating the psychological make-up of the parties, and informing the court. Therapists (those who provide psychological counseling or treatment) are seldom used in this role. Psychological testing is combined interviews, to determine the personalities and interpersonal history leading to the break-up. The findings and recommendations made by the psychologist are ordinarily confidential. The court is not bound by a psychologist's recommendations. A psychologist's training excludes the complex issues of law that surrounding child custody or visitation determination. Nevertheless, some courts accept the psychologist's recommendations without question - unless you take the time, and make the effort to question the psychologist's findings. Sometimes, the court will accept the psychologist's factual findings, but make a different custody order, based upon different findings of fact. After all, psychologists are not finders of fact - they are mere consultants that the court may use to help ascertain the underlying facts. A custody decision, however, is left exclusively to the courts, unless the parties agree otherwise.
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