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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Psychological Evaluations in Ohio Divorce and Custody Cases: Series on Divorce Part 16

February 18, 2011

There is a lot of fuss and fanfare about psychological evaluations in family law.  The most common reason we hear for requesting a psychological evaluation in Ohio family law cases (divorce, custody, visitation, shared parenting), is, “I think my ex is bipolar and I want custody of my children.”  Many clients want to have a psychological evaluation performed in their cases, but what happens in those evaluations is a big mystery to them.

When the purpose of the psychological evaluation is to determine which parent is more suitable to parent children (a Child Custody Evaluation), there are guidelines that an evaluator must use.  On February 21, 2009, the American Psychological Association revised their “Guidelines for Child Custody Evaluations in Divorce Proceedings”.  They are now known as the “Guidelines for Child Custody Evaluations in Family Law Proceedings“, an acknowledgment to the fact that the definition of family in America is changing, and psychological evaluations are no longer used only in divorce.

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The new guidelines can be seen here: http://www.apa.org/practice/guidelines/child-custody.pdf.  Contrary to what most parents believe, the purpose of a psychological evaluation is not to see if either parent has a mental health diagnosis.  The Psychologist’s contact with the parents is unlikely to be sufficient for the Psychologist to actually make a diagnosis.  At best, they may be able to observe characteristics which might be “consistent with” a certain diagnosis or disorder.

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If the purpose of the examination is not to make a diagnosis, then what is it?  In a nutshell, the purpose is of the psychological evaluation, or child custody evaluation, is:

  1. Where possible, to answer the referral question that was set out in the Court’s order which required one or both parents, and the Child, to participate in the evaluation; and
  2. To determine the psychological best interests of the Child.  Where appropriate, the Psychologist can make a recommendation as to which parent is better equipped to meet the psychological needs of the Child.

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10 Things to Discuss with Your Attorney

Sometimes the Court will choose the evaluator, and sometimes the Court will allow the parties or attorneys to choose or have input regarding which psychologist will perform the evaluation.  In that case, here are 10 important things to discuss with your attorney:

  1. How much will the psychological evaluation cost?
  2. Who will pay for the psychological evaluation?
  3. Does this Expert generally prepare a written report?  If so, does the Expert generally prepare the report on time, or request multiple extensions of time to prepare the report?  If you don’t want your case to drag on, is this the Expert for you?
  4. When this Expert prepares a report, does he or she generally make a recommendation to the Court, or avoid making a recommendation to the Court?
  5. What does this Expert charge for his or her time in depositions, and for court time?  Is it a higher hourly rate or an expensive flat fee?  If your case goes to trial, you will probably need this Expert to come to court.  Can you afford to pay for that?
  6. Has your Attorney worked with this Psychologist before?  If so, what were your Attorney’s impression of his or her work?
  7. In your Attorney’s experience, does this Psychologist generally make a recommendation which favors mothers? Or fathers?  If your Attorney’s experience is that a particular psychologist almost always recommends one parent over the other, and that parent is not you,  you should discuss your concerns with your Attorney.

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  1. If need be, will the Psychologist participate in depositions and testify in court?  Believe it or not, some psychologists who will perform custody evaluations do NOT want to give a deposition or go to court in any way, shape or form.  Although they can be compelled to do so, discuss with your Attorney why you would voluntarily agree to hire an unwilling expert.
  2. Is the Expert willing to supply his or her information, notes, etc.  in response to a subpoena, to the extent permissible by law? Does your Attorney know if the Expert has redacted information or notes when his or her records were subpoenaed?  If so, why?  Was there a legal basis for doing so, or was the Expert trying to hide something that should be discoverable?
  3. What is the Expert’s working relationship with the Guardian Ad Litem?  Does your Guardian Ad Litem always suggest this Expert?  If so, why? Does the Expert have discussions with the Guardian Ad Litem that he or she does not disclose to your Attorney?
You may also be interested in some of our divorce articles:
  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

DISCLAIMER – Read it, it’s stuff you need to know!

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1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

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  • Child Custody (39)
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  • Father's Rights and Paternity (12)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535