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A Judge’s Guide

A Judge’s Guide

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EXPERT HELP<br />

Sometimes mental and behavioral assessments of the potential custodians are<br />

indicated. In hostile divorces, where allegations of “domestic violence,” “neglect,”<br />

“sexual abuse,” and “substance abuse” are alleged, the judge needs facts. Mental<br />

health and behavioral assessments, supplemented by interviews, behavioral<br />

observations, and a thorough study of the historical record, are the usual tools. If<br />

physical handicaps are at issue, a medical assessment may also be indicated. 6<br />

So a judge will need at least one task performed, and perhaps several: 7<br />

ALWAYS ASSESSMENT OF CHILD’S NEEDS<br />

USUALLY HOME STUDIES OF POTENTIAL<br />

CUSTODIANS<br />

AS REQUIRED BY MENTAL HEALTH, BEHAVIORAL<br />

FACTS/ALLEGATIONS ASSESSMENTS; MEDICAL EXAMS<br />

Picking Experts – What Skills Does the<br />

Expert Need to Answer Your Questions?<br />

The Three Skill Sets<br />

There are three basic skill sets in the pool of experts from which most judges<br />

draw: clinical social workers, psychologists, and psychiatrists. You will be<br />

choosing experts whose skills match the tasks you need performed.<br />

Clinical Social Workers with masters’ degrees (MSW) have particular expertise in<br />

social and family systems as they affect an individual, and social services and<br />

programs that are resources for the family. Doctoral level psychologists have<br />

particular expertise with respect to psychological testing, standardized assessment<br />

of psychopathology, intellectual and behavioral functioning, and academic<br />

achievement. Psychiatrists are physicians who can distinguish physical disorders<br />

with emotional manifestations from psychiatric disorders. They can analyze<br />

neurological impairment and administer psychopharmacological treatments.<br />

The degree to which these basic skill sets are enhanced by two other factors can<br />

make the difference between a mediocre and genuinely helpful, credible report.<br />

The first value-added factor is training and experience in family issues, particularly<br />

mental health and social resources. Through specialized education in family<br />

matters, the social worker and psychologist may have earned a Ph.D. and the<br />

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