Child custody evaluation practices: Where we were, where we are, and where we are going.

Abstract

Child custody practice has evolved over the past 35 years. The present article will review the past history, current status, and future of this practice area. A thorough review of child custody survey research will be presented, as well as applicable ethical standards and forensic/child custody guidelines. This suggests the field has advanced with established forensic procedures and methods. It is further proposed that a standard of practice has been established through child custody and forensic guidelines, the APA Ethics Code, scholarly publications, survey research findings, and evaluators' increased understanding of forensic issues (i.e., psycho-legal basis for the evaluation and admissibility criteria), which should benefit the profession, legal community, and families. Public Significance StatementA standard of practice for child custody evaluations has been established through the development of child custody and forensic guidelines, APA Ethics Code, scholarly publications, 35 years of survey research findings, and evaluators' increased understanding of forensic issues.

Admissibility of attachment theory, research and assessments in child custody decision‐making? Yes and No!

“…We are aware that professionals conducting child custody evaluations face very complex cases and that courts must make difficult decisions, with or without the potential help of psychological assessments (Ackerman et al., 2021). We are also aware that there is a scarcity of valid psychological measures for diagnostic science (e.g., Neal et al., 2019) and that the limitations of attachment measures may well pertain to many, if not most, other constructs and their associated measures; however, validated for group‐level research they may be.…”

“…Definitional issues also have implications for assessment. Surveys have shown that a majority of child custody professionals expect evaluations to include interviews with parents and children, psychological testing of parents, and parent‐child observations (Ackerman et al., 2021; Bow & Quinnell, 2001). Yet, there is no agreed‐upon battery of standardized assessments, and professionals must therefore decide what information to gather, how to gather the information, and how to weigh the information (Forslund et al., 2021).…”

“…The relevance of diagnostic evidence/testimony hinges on the ability of individual assessments to provide valid information regarding specific issues in dispute. In child custody, such issues include parents’ caregiving skills, parents’ ability to support child development, and child‐caregiver relationship quality (e.g., Ackerman et al., 2021). Indeed, whether assessments of attachment quality can provide such information, and thereby aid decision‐making, is one of the most common questions among child custody professionals (e.g., McIntosh, 2011).…”

“…There are of course ways forward and we believe that a fruitful avenue is to focus on measures more closely related to the particular questions that courts face. As discussed above, such questions typically concern parents’ current and probable future caregiving skills (Ackerman et al., 2021; Bow & Quinnell, 2001). In fact, attachment theory rests in large part on the importance of caregiver behavior (Ainsworth & Bowlby, 1991).…”

On developing a child custody practice.

“…Child custody evaluations have evolved over the past 40 years through the development of professional standards and guidelines, numerous scholarly publications, extensive research, and professional training (Ackerman et al, 2021). It is a highly specialized, complex, and challenging specialty (Bow & Quinnell, 2001).…”