Psychological Testing in Custody Cases: An Overview
If you have questions about divorce, child custody, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
If you are fighting for custody of your children, chances are you have met with at least one mental health professional for an evaluation of your parenting skills and have undergone interviews and possibly psychological testing that is designed to provide further information about each parentâ€™s ability to parent.
One of the most popular tests, the Minnesota Multiphasic Personality Inventory (â€œMMPI-2â€) was designed â€œto identify psychological disorders and to evaluate cognitive functioningâ€¦this test, by itself, cannot tell an evaluator who the better parent will be.â€ (Attorney Alvah O. Smith, writing inâ€œPsychological Testing in Custody Evaluations: Cross Examining the Court-Appointed Custodial Evaluator,â€ published in Family Law, Law Education Institute, Inc., Milwaukee, WI, 2004.) Smith also states in the same article that the Rorschach Inkblot Test is â€œhighly subjectiveâ€ and subject to heated debate, although frequently used in custody evaluations.
Custody evaluators use a variety of other tests, including:
- The Millon Clinical MultiAxial Inventory (MCMMI-3), which is used to find personality disorders based on the respondentâ€™s answers to 175 true/false questions.
- The Thematic Apperception Test (TAT), similar to the Rorschach Test, asks the respondent to describe what he or she sees when viewing 31 black and white drawings of people. The responses supposedly reveal personality.
- The Bricklin Perceptual Scales (BPS) was designed specifically for custody evaluations and is made up of 64 questions for the child about the parents; picture-drawing by the child of the family, each parent and the child; the child completing a story about how the family resolves disputes; and finally questions for the parents. Smith states that the testâ€™s validity has been seriously questioned.
- The Ackerman-Schoedorf Scales for Parent Evaluation of Custody (ASPECT) includes a variety of tests, including the MMPI-2, IQ testing for the parents and child, a draw-a-person component and the TAT, as well as interviews of the parents. Like the BPS Test, ASPECT has also been sharply criticized.
Testing is only one tool, often a short cut, for gathering and assessing information. Evaluators may rely more heavily upon interviews with the parents, children and sometimes with teachers, pediatricians, babysitters and other important people in the lives of the family, such as stepparents, siblings and grandparents. But if the evaluator believes that friends and family are biased, they may skip those interviews.
The final word, however, always belongs to the court: not the evaluator. But, itâ€™s important to note that most judges give a lot of deference to the custody evaluatorâ€™s findings, since the evaluator actually spent time with the family and has, hopefully, taken a careful approach to the final recommendation. Courtâ€™s carefully consider the evaluatorâ€™s report and recommendations. Thus, itâ€™s best to be sincere and cooperative when you meet with a custody evaluator.
If youâ€™re in the middle of a custody battle and are set to meet with a custody evaluator, itâ€™s a good idea to consult with an experienced family law attorney beforehand.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: NOLO DivorceNet
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