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FOR ATTORNEYS
When to Challenge a Custody Evaluation Report
Not all custody evaluations should be challenged, but knowing when to fight can protect children and achieve justice for your client.
Methodological Red Flags
Professional standards require specific methodologies. Violations indicate unreliable conclusions.
- No formal psychological testing administered
- Reliance on clinical interview alone without collateral information
- Failure to interview important collateral sources (teachers, therapists, family)
- Insufficient time with children or parents
- No home visits conducted
- Evaluator didn't review relevant records (medical, school, court)
- Use of outdated or invalidated assessment instruments
Bias Indicators
Bias can be subtle but devastat. Look for patterns suggesting the evaluator had a predetermined conclusion.
- Selective quotation ignoring contradictory evidence
- Dramatically different standards applied to each parent
- Speculation presented as fact
- Acceptance of one parent's allegations without verification
- Dismissal of documented evidence that contradicts preferred narrative
- Failure to assess for impression management or deception
When to Challenge
Challenge evaluations when flaws are significant enough to undermine reliability and when challenge has reasonable chance of success.
- Multiple professional standards violations
- Clear bias favoring one parent despite evidence
- Recommendations that would harm children based on flawed analysis
- Evaluator has pattern of similar flawed reports
- You have expert consultant who can articulate specific methodological failures
Need Expert Guidance?
Dr. Tolbert provides consultation for attorneys and families in high-conflict custody cases.
Request Consultation