Forensic custody evaluations are permitted in Maryland divorce cases. See MD Fam. Law Actions, Rule 9-205.3. These are generally called “custody evaluations” and they can be agreed upon by the parents, can be ordered pursuant to a request by one parent, or the court can order the evaluation on its own initiative. The evaluation can be general or more narrowly focused on one set of issues. The evaluation will also cover custody and visitation issues.

The above-referenced Rule defines a custody evaluation as “… a study and analysis of the needs and development of a child who is the subject of an action or proceeding under this Chapter [divorce] and of the abilities of the parties to care for the child and meet the child’s needs.”

The result of a custody evaluation is a report prepared by a licensed clinical psychologist. This report is provided to the parents and to the court. The report is used by the court to help determine what is in the best interest of the child or children involved. When making decisions about custody, a St. Mary’s County, MD divorce court must use the legal standard of the “best interests of the child/children.” Forensic custody evaluations are designed to help determine what is in the best interests of the child/children based on various clinical tools including:

• Psychological evaluations of the children and parents go to emotional well-being
• Psychiatric evaluations go to potential neurological and mental health conditions
• Physical evaluations
• Psychological, psychiatric, and other types of testing
• Parenting capacity tests and evaluations
• Home visits
• Review of relevant records like school reports, criminal records, and more — this is particularly necessary if there is any evidence of abuse, neglect, domestic violence, etc.
• Substance abuse assessments
• Interviews with parents, children, other family members, school personnel, and others

The goal of these testing and evaluation tools is to provide a current over-all and — hopefully — complete assessment of the parents and children and the status of their emotional, mental health, and physical well-being. In addition, the tests and evaluations can offer a future-looking assessment of the ability of each parent to provide for the well-being of the child/children.

The process involves an initial decision by the court to order a forensic custody evaluation. The next step is choosing a licensed psychologist to conduct the evaluation. This generally involves agreement among the parents, attorneys, and the court. However, if the parties cannot agree, then the court will make an appointment. The following step involves the investigation, testing, records review, and the other evaluations listed above. The process can be lengthy and may take 2-3 months to complete. As noted, the final result is an official report prepared by the appointed psychologist. This will be read and reviewed by the parties and the court. Often, the court will schedule a hearing for testimony from the psychologist, for review of other evidence, and for argument from the parties.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.