Maxims in Child Custody Cases

Abstract

Divorce is disturbing to children (Despert, 1962; McDermott, 1970). Increasingly, courts look for expert and professional opinion to guide them in dealing with the often painful and knotty questions of child custody. This is certainly desirable if the expert opinion involves wisdom as well as knowledge. Substantial court experience with child custody cases leads me to seek to condense some of this experience into six maxims for behavior scientists called in on such cases, as follows: 1. Choose the most neutral ground available to you. It is ideal to be appointed by the court. Next most desirable would be to be called as a witness by the attorney for the child or children, if there is such representation. In fact, however, the request to make an evaluation usually comes from the attorney of the one of the contesting parents. In such circumstances, it is desirable to seek the most impartial position possible, and extend an invitation to interview both parents as well as the children, and to give assurance that your written opinion will be available to both sides. The evaluation should, preferably, be on neutral ground, rather than in the office of the attorney for either parent. Such actions tend to diminish the extent to which you will be identified as a partisan witness. 2. Do not divide the child. Doubtless the most celebrated story of a child custody