Conducting Child Custody Evaluations

Philip Stahl, PhD, ABPP (Forensic), is a psychologist in private practice that conducts child custody evaluations and provides expert witness testimony. He is a provider of continuing education for psychologists and other mental health providers, and attorneys and Family Law Specialists in California. He has conducted trainings throughout the United States and internationally for child custody evaluators and others working with high-conflict families of divorce. He has presented workshops for judges throughout the country and is on the faculty of National Judicial College and is a frequent presenter at programs of the National Council of Juvenile and Family Court Judges. As a Board member of the Association of Family and Conciliation Courts, he was on the task force that drafted AFCC’s “Model Standards of Practice for Child Custody Evaluation”. He was a member of the American Bar Association Wingspread Task Force on High Conflict Families. Dr. Stahl is on the Editorial Review Board of AFCC’s journal, Family Court Review and the Journal of Child Custody. Along with his teaching, Dr. Stahl has written extensively on various issues in high-conflict divorce and custody evaluations. His previous books have been Conducting Child Custody Evaluations: A Comprehensive Guide, Complex Issues in Custody Evaluations, and Parenting After Divorce, 2nd Edition, and he is the co-editor of Relocation Issues in Child Custody Cases. His child custody evaluation was cited by the California Supreme Court in its landmark decision modifying 8 years of relocation case law in 1994 (In re Marriage of LaMusga 32 Cal.4th 1072, 12 Cal.Rptr.3d 356, 88 P.3d 81). Most recently, Dr. Stahl was on the workgroup appointed by the Arizona Supreme Court that re-wrote Arizona’s “Planning for Parenting Time” (2010).When he has free time, Dr. Stahl enjoys traveling, playing golf, and relaxing with family and friends.

• PrefacePART I: CRITICAL PROFESSIONAL AND ETHICAL ISSUES1. Introduction to the Role, Ethics, and Professional ResponsibilityHow the Courts Benefit From an EvaluationHow the Family Benefits From an EvaluationWhen is the Evaluation HarmfulWho is the Client/ConsumerPractical Standards and Ethical IssuesEvaluator BiasesReducing the Risk of Bias2. The Mental Health Expert′s Many Possible RolesTherapistsTherapeutic ReunificationCollaborative Law CoachPsychologist Evaluator/Psychiatrist/Vocational EvaluatorMediatorConsultant to Attorney/Expert WitnessParent CoordinatorThe Custody EvaluatorDual Relationships3. Fundamental Questions in Most Custody EvaluationsThe Best Interests of the ChildThe Family′s RelationshipsParenting Strengths and WeaknessesThe Co-Parental RelationshipTime-Sharing Recommendations4. General divorce-Related Research and Basic Statutory and Case LawA Quick Primer on ResearchRisks of Divorce to ChildrenRisk vs. ResiliencyMitigating FactorsResearch on Parent′s Relationships After DivorceBasic Statutory and Case LawUniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)Parental Kidnapping Prevention ActTroxel Vs. Granville (2000)Hague Convention on the Civil Aspects of International Child AbductionCalifornia Statutes and Case Law5. Children′s Developmental NeedsA Developmental FrameworkPART II: CONDUCTING THE CHILD CUSTODY EVALUATION6. Conducting the Evaluation Part I: Observations and Techniques With AdultsThe Court Order and Initial Contact With AttorneysThe Initial Phone Call and Contacts With ParentsThe Initial ContactThe First Conjoint AppointmentThe Initial Individual AppointmentThe Second Interview and BeyondWhat to Believe?The Use of Psychological Tests7. Conducting the Evaluation Part II: Observations and Techniques With ChildrenSignificant Issues in the Assessment of Children/Gaining Rapport at the Beginning of the First InterviewChildren and the Potential for SuggestibilityChildren and Their LanguageGathering Information About the Child′s ExperiencesDirectly Assessing the Parent-Child BondSiblings Together, or Not?Use of Play and Other Techniques in Understanding ChildrenHome VisitsThe Preference of the Child8. The Use of Psychological Testing in Custody EvaluationsReview of the LiteratureTraditional Psychological TestsTests Designed Specifically for Custody EvaluationsParenting InventoriesTests for ChildrenBenefits of Using TestsRisks in Using TestsComputerized Test ResultsA Balanced Approach9. Gathering of Collateral DataWhat is Collateral Data?Benefits of Using Collateral DataRecord ReviewGathering Lists of Collateral SourcesWho To Talk To - A Concentric Circle ApproachInterviewing Collateral Sources10. Sharing the Results of the Evaluation - The Evaluation ReportAFCC Model StandardsBasic Characteristics of a Quality ReportInformation Which Must be in Every ReportThe ParentsThe ChildrenCollateral InformationAnalysis and SummaryRecommendationsPART III: COMPLEX ISSUES TO BE EVALUATED11. Non-Violent High Conflict FamiliesContribution From Personality FeaturesContribution From Other SourcesRecommendations for High Conflict FamiliesA Case for Sole Legal custody of Decision Making12. Domestic ViolenceThe Concept of DifferentiationApproaching the Family′s Domestic Violence IssuesParenting Problems of Domestic Violence ParentsGathering DataThe Alphabet Soup of Using Data to Formulate ConclusionsUsing the PPPP Analysis with the RRR Concepts to Reach a Decision About the Parenting PlanTherapeutic and Structural Interventions13. The Alienated ChildContribution to the Child′s Alienated ResponseParent Contributions to the Development of AlienationChild Contributions to the Development of AlienationTypical Alienated Behaviors in ChildrenEmotional Impact of Alienation on ChildrenDynamics of the Larger SystemEvaluation of AlienationOther Reasons for Alignment With One Parent - What to Look for in the ChildrenConcluding the Evaluation14. Relocation EvaluationsLegal Considerations in Relocation Evaluations - Relevant Case LawLegal Considerations in Relocation Evaluations - Relevant Statutory LawThe Psychological Literature Related to RelocationSocietal Issue That Often Lead to Requests to MoveFactors for the Evaluator to ConsiderSpecial Issues in International CasesAvoiding Bias15. Tackling the Terror of TestifyingThe DepositionThe Process at TrialPreparing for the TestimonyTestifying ProceduresStick to the DataDealing With Hypothetical QuestionsRemain ProfessionalTrick QuestionsDo′s and Don′ts for Testifying in Court16. Critiquing Evaluations17. ConclusionsSpecial Needs for ChildrenSubstance Abuse IssuesSexual Abuse AllegationsLongitudinal EvaluationsConclusionsAppendicesSample Court OrderSample Informed Consent and Retainer AgreementSample Intake FormSample Listing of Questions for ParentsSample Listing of Questions for ChildrenSample Alienation Analysis and RecommendationSample Relocaiton Analysis and RecommendationReferencesAbout the Author