PSYCHOLOGICAL ASSESSMENTS
FOR CUSTODY CONFLICTS
Ann Dell Duncan-Hively Ph.D.J.D.
Wells Hively, Ph.D.
June 17, 2010
Guardian ad Litem Training
Salem, Missouri
The guardian ad litem as a mental
health detective
• Responsibility to understand the needs of the
children
• Legal duty to zealously represent interests of
children
• Present accurate information to the Court as
other attorneys are advocating their client
• Distinguish between temporary conditions for
family in conflict versus long term dysfunction
What?, Why? Who Should Do It?, When?
•Systematic, objective description of
psychological functioning of parents/children
•To assist in decision making prior to
conversation with other attorneys
•Must use an expert who meets the Daubert
standards
•As early in the case as possible in order to
facilitate PDL and/or settlement.
•Need Court order and payment clarification
How Severe is the Conflict?
It’s difficult to separate
endemic from transitory rage
Reasons to Need a Custody or
Psychological Evaluation
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Allegations of abuse to children
Allegations of domestic violence
History of poor conflict resolution skills
Legal history of drugs, alcohol, assaults
Alienation by one or both parents
Poisoning by grandparents or others
Unusual behaviors in child or children
UNUSUAL BEHAVIORS
• Below age six
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Rocking
Smearing feces
Loss of toilet skills
Chronic constipation
Attacking other children
with objects
– Refusal to take turns or
cooperate
• Between six and twelve
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Chronic isolation
Fierce tantrums
Speech dysfluencies
Difficulty keeping friends
Rapid movements from
one activity to another
– Learning challenges
– Hording objects and
food
UNUSUAL BEHAVIORS
• Between ages 12 and 18
– Cutting and other self injury
– Delayed social development
– Threats of self harm or harm to others
– Violence to animals or small children
– Bullying in home or in school
– Social alienation
– Gender confusion
Unusual Allegations
• Parental Alienation “Syndrome”
– Not an actual syndrome but present in various
amounts in most divorces
– Dealing with death of marriage by monsterizing
the other parent
– Can be subtle or overt
– Purpose is to destroy relationship with other
parent and “own” the children
– See Grisso, T. Evaluating competencies: Forensic
assessments and instruments (2nd), New York,
Kluwer/Plenum, 2003
Parental Alienation
See Meier, J. Parental Alienation Syndrome
& Parental Alienation: Research Reviews
2009 http://www.new.vawnet.org
Unusual Allegations
• Sexual Abuse
• If arises during pendency of divorce,
all cases must be evaluated
–False or accurate? Depends on:
• Age of complainant
• Role of parent in disclosure
• History of abuse in both parents
• Beware of contaminating therapists
and suggestive social services
Abuse allegations
Related to domestic violence,
physical , emotional or sexual
abuse of children
Always assess if
allegations of abuse
Risk assessment
Custody Evaluation Looks at
Best Interest of Children
Assessment of Parents
Only Reflects Competency
Who Does A Psychological
Assessment?
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Licensed psychologists in Missouri
Trained in forensic assessments
History of good quality assessments
Capable of communicating without bias
Counselors licensed as LPC cannot diagnose and
cannot interpret psychological tests
• Social workers (LCSW) can diagnose but cannot
interpret psychological tests
• See new rule 20 CSR 2235-1.015 (12) limits
administration and interpretation of
psychological tests to licensed psychologists
Components of the Psychological Evaluation
• Histories of all
– Family, forensic and sexual, medical (especially head trauma)
• Cognitive Abilities
– How each person thinks, flaws in language competency
• Present Emotional States
– Anxiety, depression, thoughts of suicide, etc
• Personality Structures
– How they typically deal with the world
• Substance Abuse
– It’s impact, if any, on all of the above, age of onset, types used
• Current Other Relationships
• Risk of Family Abuse
• Parenting Interests and Abilities
Format for the DSM-IV Diagnosis
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Axis I: Major mental illness
Axis II: Personality Disorders
Axis III: Physical contributors
Axis IV: Environmental Factors
Axis V: Global Assessment of Functioning
(range from 10 to 90, most commonly at 65
for mental health population)
• (Diagnostic and Statistical Manual of Mental
Disorders 4th Edition)
www.dsmivtr.org
Basics of Psychological
Measurement
Think Daubert Standard
(Fed. R. Evd. 702)
scientifically reliable and relevant
Replicable Results
Don’t fluctuate wildly and mysteriously
Psychologists say “reliable”
Correlate with important variables
Psychologists say “valid”
Attorneys say “meet the Daubert Standard”
Respected Structured Interviews and
Questionnaires
• Early Developmental Family History
Various schools, child development centers and counseling services all
use these. They are very similar.
• Forensic History and Parenting History
Greenberg Forensic/Parenting History Questionnaire
Developed by S.A. Greenberg, U. of Washington (now deceased)
unpublished, but available from www.duncanhively.com
• Sexual History
Clark Sexual History Questionnaire, Revised (SHQ-R) www.mhs.com
Abel Assessment, written section http://abelscreening.com
Respected, Quick and Painless
Wechsler Abbreviated Scale of Intelligence (WASI)
Kaufman Brief Intelligence Test, 2nd Ed. (K-BIT)
Both available from www.pearsonassessments.com
The Respected Personality Tests
Minnesota Multiphasic Personality Inventory, 2nd Edition
(MMPI-2) www.pearsonassessments.com
Caldwell Scoring www.caldwellreport.com
Millon Clinical Multiaxial Inventory, 3rd Edition (MCMI-III)
www.pearsonassessments.com
The “Famous” Rorschach Test
Rorschach Comprehensive System
Rorschach Interpretive Assistance Program (RIAP 5)
www.rorschachworkshops.com
www.rorschachtraining.com
Psychopathy/Sociopathy
The Hare Psychopathy Checklist www.hare.org
Risk of Violence
Macarthur Study (2001)
www.macarthur.virginia.edu/risk.html
Level of Service Inventory (LSI-R)
www.assessments.com
Spousal Assault Risk Assessment Guide (SARA)
www.mhs.com
Danger Assessment (prediction of murder)
www.dangerassessment.org
Best Interest Standard
• Requires observing children with both parents
separately
• May require a home visit to both homes
• Find collateral information such as school
records, pediatrician records, interview all
grandparents
• Tests appropriately geared to children’s age
and developmental status
• Report integrates multiple information
sources without invading province of court
Competency of Parents
• Common tests
– MMPI-2 with
parenting norms
– Rorschach
– PSI: parenting
stress inventory
• Common Questions
– What level of risk
for which parent
– Predicting similar
parenting behaviors
– Length of marriage
and success of
mutual problem
solving
After the Assessment
• Red Flag Diagnostic Codes for Parenting
– Borderline Personality Disorder
– Socio or psychopathy
– Narcissism
– Primitive Personality Structure
– Impulse control problems and rage
reactions
– Bi-Polar (untreated)
– Active, chronic drug abuse and/or
alcoholism
After continued
• Children can endure and live with
–Moderately impaired schizophrenics
–Obsessive compulsive disorder
–Anxiety disorders
–Dysthemia
–Thought Disorder (mild)
–Aspergers
Helpful References
• Guidelines for Child Custody Evaluations in
Family Law Proceedings.
http://www.apa.org/practice/guidelines/childcustodyt.pdf
• Ellis, Elizabeth Divorce wars: Intervention with
families in conflict. Washington D.C.,APA, 2000
• Melton, G. et al. Psychological evaluations for
the courts: A handbook for mental health
professionals and lawyers (3rd), New York,
Guilford Press, 2007
TRY IT
YOU MIGHT FIND IT HELPFUL