Parents often tell me that their individual therapist, former marriage counselor, or even their child’s therapist should have an opinion about the outcome of their custody case. They’ll ask why the judge cannot just speak to the therapist themselves so that they can let them know what they think is best. Certainly, if the parties agree to listen to the therapist’s opinion, it could theoretically help them resolve the custody case. When it comes to the Court deciding on the custody issue, the treating therapist’s role is not nearly as direct and their opinion not as welcome as the parents may feel it should be.
Psychologists and other mental health professionals generally cannot wear multiple hats. Meaning that they either treat or they evaluate, but not both. When they treat, they base their treatment plan on what their patients tell them. In my experience, therapists advocate for their patients. On the other hand, when a psychologist or other forensic professional does a custody evaluation, they use additional information including testing data, information from third parties, the other parent, and corroborating documentation such as school documents, correspondence between the parties, and medical records. A treating therapist who only hears one side of the story doesn’t have a full perspective on the issues. One can imagine that if the treating therapist had this additional information, their opinion about the outcome of a custody matter might differ from an opinion based only upon their patient’s reporting.
It is vital for parents to understand the limitations of a treating therapist’s role in custody battles. For courts to decide in the child’s best interest, they require a full and comprehensive picture that cannot be provided by the child’s treating therapist alone. Parents often tell me that their therapist diagnoses the other parent based on their assessment with the child, but this should be taken with a grain of salt. A therapist should not diagnose a person they have not met, which would in turn skew their opinion in a custody battle. Rather than focusing on labels of the parents, the treating therapist should pay attention to specific behaviors and how those behaviors impact the child’s daily life. The involvement in a custody case should be left to the appropriate professional with the whole picture in mind.
[View source.]
