ABSTRACT

Custody is contested in only a minority of divorce proceedings involving children, and mental health professionals conduct evaluations of parents and children in only a small subset of these contested cases. After a brief overview of child custody law in the United States, this chapter reviews the practices of child custody evaluators. It discusses the scientific basis and underpinnings for mental health professionals’ involvement in these cases. The chapter also reviews the judiciary’s response to products delivered by examiners, and also offers recommendations for practice. Custody statutes typically distinguish between decision-making authority for the children and physical placement or residence of the children. In addition to directing the decision maker to place children’s interests first when deciding matters of custody, many states have identified factors that the legal decision maker is to consider when trying to reach a decision regarding the children’s best interests.