CUSTODY EVALUATIONS CONDUCTED AT P.B.S. MENTAL HEALTH ASSOCIATES, P.C.

Outlined below are the main policies and procedures that affect the conduct of custody evaluations at PBS Mental Health Associates.  Please note that we no longer perform these evaluations on a routine basis.  If you have been ordered by the Court to undergo an evaluation with us, we encourage you to review this document in its entirety and to ask any questions you may have about it, either before or at the time of your first session.  You can print a copy of this document by clicking here.

By way of brief summary, we begin with some comments about the purpose of custody evaluations.  We explain who does the evaluations and then comment on why the procedure is so carefully scripted.  We answer questions about whether your attorney sits in on the sessions and if a recording made, after which we discuss how evaluators differ from therapists.  We then note that you may not request an evaluation on your own, and we explain what we mean by the term "parent".  In the section describing the sequence of sessions, we note that it is unlikely you will see the other party in our office.  We go on to explain what happens in the first meeting with the evaluator and also make a few comments about the MMPI-2 test.  We discuss the family session and then describe what happens in the last session with the evaluator.  We end this section with a description of the evaluator's report.  In order to make this all more concrete, we then offer an example of a "typical" evaluation schedule.  Following a few words about custody re-evaluations, we detail our fee schedule and then note that health insurance doesn't generally pay for custody evaluations.  This is followed by a section in which we describe our policy regarding cancellations and missed appointments.  A very important section follows, in which we explain why there is no confidentiality in the evaluation process.  Because custody disputes sometimes go on to a full hearing in court, we make several comments about how to arrange for the evaluator's testimony in court, after which we detail the associated charges for court testimony.  We end with information about whom to contact if you have further questions.

Introductory comments.  The purpose of a custody evaluation is to gather information that may be helpful to the parents and to the Court in making a sensible decision about how to allocate the time that each parent spends with the children.  Children's custody is a very important matter, and the Court often wishes to have an outside expert evaluate the family and offer some advice on how to proceed.  Of course, we hope that the parents will use the expert's report as the basis for a negotiated agreement before the case proceeds to a full hearing in court.  Such agreements between the parents almost always benefit the children more than any arrangement imposed by the Court.

PBS Mental Health Associates has provided custody evaluations upon referral from local courts since 1992, and our psychologist, Andrew Koffmann, PhD, has undertaken such evaluations since 1980.

In our practice we strive to follow a procedure that is consistent across cases, as we believe that this helps us to treat each side in a fair and impartial manner.  However, we recognize that custody evaluations can be extraordinarily stressful for families, and we will do our best to accommodate specific needs and requests, as long as this does not—either in fact or by appearance—jeopardize the fairness of the evaluation.  As you read through the material below, you will notice that we have established rather precise and detailed rules for the conduct of custody evaluations.  You may also notice that many of these rules are not the same as those that we follow in this practice when we provide treatment services for our patients.  We apologize for this disparity.  However, we trust you will understand that we are obliged to follow different rules for custody evaluations, in comparison to treatment, because these activities differ significantly from one another.  When we operate in a legal environment, we must become, well, legalistic.

The custody evaluator has the task of insuring that the evaluation is equitable and comprehensive, but it is also important that an environment be established in which the evaluator, parents, and children can speak comfortably and honestly about the situation at hand.  Therefore, we attempt to minimize distractions and to limit formality to the smallest amount necessary to insure the integrity of the process.  Obviously, this means that the attorneys may not be present in any evaluation session, nor do we make videotapes or audio recordings of the sessions.  Finally, we do not permit individuals who are not part of the evaluation to sit in on any session.

In order for custody evaluators to function in a fair and helpful manner, it is important that they not also act as therapists in the same case, because at some level therapists always advocate for their patients.  Thus, if an evaluator has previously served as a parent's or the children's therapist, this is likely to lead to a conflict of interest.  It is therefore our policy that the custody evaluator may never have served as therapist for either the parents or the children in the dispute.  Moreover, during the course of the evaluation the custody evaluator should not offer substantive advice, as this may blur the line between evaluator and therapist.

Because we feel strongly about remaining impartial in custody evaluations, we do not undertake these evaluations upon the direct request of one or both parties.  Instead, we require a court order before beginning the evaluation process. 

A final general comment has to do with terminology.  Most of the time the parties to a custody dispute are the children's mother and father.  However, sometimes the dispute is between one parent and other relatives or between individuals who may not even be related to the children.  For the sake of simplicity, in this document we refer to the custody litigants as "parents," even though they might not actually be the parents of the children at issue.  When the Court refers us someone who is not the parent in a custody dispute, it is our policy that this person be treated in exactly the same way as if he or she were the children's biological parent.

Outline of sessions.  In this section we describe the session sequence in a typical custody evaluation.  We will make every effort to schedule parents in such a way that they do not run into one another at our office, but on very rare occasions such chance meetings may occur.

1. Each adult has an individual appointment.  During this appointment Dr. Koffmann will go over more information about the custody evaluation process and will then ask questions about personal history, current medical and psychological problems, and the children at issue in the dispute, as well as to offer each adult the opportunity to propose a solution to the dispute, based on the best interests of the children.  Among the adults who meet individually with Dr. Koffmann will be each parent, any other adult residing in either parent's household, and any serious romantic partner of either parent.  One parent—and all of the adults connected with him/her—will be seen at one time, while the other parent—and all of the adults connected with him/her—will be seen at another time.    If you have a history of significant medical or mental health treatment, Dr. Koffmann may request your permission to contact previous treatment providers and to review your treatment records.  Parents are asked not to bring any children to this initial session.
   
   

2. Every adult seen by Dr. Koffmann also completes a psychological inventory, which is called the Minnesota Multiphasic Personality Inventory—2 (MMPI-2).  This is a true-false test that measures a number of personality variables, and most people need between 1¼ and 1½ hours to complete it.  The MMPI-2 is not a hard test—it's just long.  We generally prefer that you complete the MMPI-2 on the day of your individual interview, but it's all right to do it on another day, as long as it is completed before the family session.  Unfortunately, we must have you complete this measure in our office and cannot accept it if it has been filled out elsewhere.
   
   

3. Each parent has a family session.  Those attending the first parent's family session include the parent, any adult previously seen by Dr. Koffmann on that parent's side, all of the children at issue in the custody dispute, and any other children residing in the first parent's household.  Similarly, in the second parent's family session will be that parent, other adults seen by Dr. Koffmann for that parent, all of the children at issue, and any other children residing in the second parent's household.  Please note that we do not let the other parent know about the time of your scheduled family appointment.  If you are concerned about insuring that your children are available for the family session, you may wish to contact your attorney or the Court.  At the beginning of the family session Dr. Koffmann will briefly meet with all of the participants together, after which he will meet with the children, either alone or together, depending on their ages.  Dr. Koffmann will then meet with the adults and the children for a while and will encourage a discussion on several topics.
   
   

4. Each parent has a final session.  Only the parent need attend his or her final session, but parents are welcome to bring along any other adult previously seen individually on their behalf by Dr. Koffmann.  The purpose of the final session is to permit each parent the opportunity to raise any issues that have not yet been discussed.  As well, Dr. Koffmann usually has a few more questions he needs to ask.  At the end of the final session Dr. Koffmann will discuss alternative resolutions to the custody dispute and will invite the parent's comments on each possible resolution.  Parents are asked not to bring any children to this session.