Practice Parameters For Child Custody Evaluation

AMERICAN ACADEMY OF CHILD AND ADOLESCENT PSYCHIATRY

PRACTICE PARAMETERS FOR CHILD CUSTODY EVALUATION
These parameters were developed by Stephen P. Herman, M.D , principal author, and
the Work Group on Quality Issues: John Dunne, M.D., Chair and William Ayres, M.D., past
Chair; Valerie Arnold, M.D., Elissa Benedek, M.D., R. Scott Benson, M.D., William Bernet,
M.D., Gail A. Bernstein, M.D.,Etta Bryant, M.D., Oscar Bukstein, M.D., Richard L. Gross,
M.D., Robert King, M.D., Joan Kinlan, M.D., Henrietta Leonard, M.D., William Licamele, M.D.,
Jon McClellan, M.D., and Kailie Shaw, M.D. The authors thank Lee Haller, M.D., and Diane
Schetky, M.D., for their thoughtful review. AACAP Staff: L. Elizabeth Sloan, L.P.C., and
Christine M. Miles. A draft of these parameters was distributed tothe AACAP membership for
comments at the 1996 Annual Meeting. These parameters were approved by the AACAP Council
on June 6, 1997. They are available to AACAP members on the World Wide Web
(www.aacap.org).
Reprint requests to AACAP Publications Department, 3615 Wisconsin Ave., N.W.,
Washington, DC 20016.
© 1997 by the American Academy of Child and Adolescent Psychiatry.

ABSTRACT
Thesepractice parameters are presented as a guide for clinicians evaluating the often
delicate and complex issues surrounding a child custody dispute. The historical basis of child
custody and the various judicial presumptions that have guided courts are reviewed. The
differences between performing child custody evaluation and engaging in traditional clinical
practice are emphasized. Issues that arecommon to all child custody disputes are presented,
including continuity and quality of attachments, preference, parental alienation, special needs of
children, education, gender issues, sibling relationships, parents’ physical and mental health,
parents’ work schedules, parents’ finances, styles of parenting and discipline, conflict resolution,
social support systems, cultural and ethnicissues, ethics and values, and religion. In addition,
special issues that complicate custody evaluations are discussed, including infants in custody
disputes, homosexual parents, grandparents’ rights, parental kidnapping, relocation problems,
allegations of sexual abuse, and advances in reproductive technology, such as frozen embryos,
oocyte donation, and artificial insemination. An outline isprovided that describes the complete
evaluation process, from assessing referrals and planning a strategy, through conducting clinical
interviews, writing the report, and testifying in court. Key words: child custody, forensic
psychiatry, joint custody, court, parenting, practice parameters.

© 1997 AACAP

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NOT FOR DISTRIBUTION OR CITATION

AMERICAN ACADEMY OF CHILD AND ADOLESCENTPSYCHIATRY

Because evaluating the needs of children and adolescents in child custody disputes is
complicated and requires specialized knowledge and techniques, practice parameters can be of
help to clinicians and, ultimately, the families they evaluate. These parameters take into account
that well-meaning, ethical, and competent clinicians may approach this work in different ways.
However,certain methodologies and clinical and ethical boundaries have emerged over time and
are presented in these parameters. The recommendations in these parameters are basic principles
that should be considered by clinicians who perform custody evaluations and consult with judges
and attorneys. Just as competent clinicians may vary in their approaches to evaluation,
diagnosis, and treatment, qualifiedforensic evaluators may differ in their methods. While these
parameters are not meant to be followed exactly, they contain principles that should be followed
when performing child custody evaluations, which are often complicated.
LITERATURE REVIEW
Medline searches were conducted in 1993 and 1996 for the term “child custody” in the
titles of articles. Thus, only papers primarily concerned...