Question:

Is a psychologist’s opinion admissible in a custody dispute if she has interviewed the mother and children, but not the father?

Answer:

A psychologist can make a recommendation to the court based on their findings.

Usually, there are two types of psychologist testimony that is heard during by the court: Testimony that comes from a therapeutic relationship and testimony that is the result of a custody evaluation.

If it is testimony from a therapeutic relationship, there is no expectation that the psychologist would have spoken to the father.

Generally, if it is testimony that is the result of a custody evaluation, the psychologist would have spoken to all relevant parties. However, they could also speak to what was said to them about the father without speaking to the father.

For example, they may have formed an expert opinion about the father’s relationship with his child from their interactions with only the child.

This testimony would likely be admissible because judges are prone to admit any evidence that will help them make a decision (especially for custody).

Conversely, the father is allowed to challenge the credibility of the psychologist’s testimony by highlighting that they have not spoken with him and possible bias.

Additionally, the father is allowed to put forth evidence that supports his case i.e. another psychologist’s opinion, evidence that demonstrates his ability to parent, etc.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.