Making a Place at the Table: Reconceptualizing the Role of the Custody Evaluator in Child Custody Disputes
Family Court Review, Vol. 43, p. 229, 2005
4 Pages Posted: 9 Nov 2008
Date Written: July, 16 2008
This article is based on the premise that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, the authors offer three structural changes that would provide a more appropriate use of the skills and talents custody evaluators bring to legal decisions: using custody evaluators in the less adversarial setting of preparing parenting plans; revising the procedures by which custody evaluations are elicited in litigation; and, adopting the approximation standard for child custody determinations.
Keywords: Legends, Law, Science, Scientific Method, Reason, Inquiry, Values, Jurisprudence, Storytelling, Legal theory
JEL Classification: J13, J18, K10, K40, K41
Suggested Citation: Suggested Citation