Treating Therapist Asked to Perform a Custody Evaluation
Dr. Marcus Patel, a Florida-licensed psychologist, has treated 9-year-old Leo for 16 sessions over 10 months for separation anxiety and school refusal. Leo's parents are divorcing. Mother's attorney asks Dr. Patel to perform a full custody evaluation, including interviews with both parents, psychological testing of each parent, home visits, and a written parenting-plan recommendation. The attorney offers a $4,500 retainer and says, You already know Leo best. Father has never signed a release and tells Dr. Patel by phone, I object to you evaluating me; you're Leo's therapist. Dr. Patel has met father three times for collateral sessions and has never conducted a custody evaluation. Leo's mother says she will withdraw Leo from treatment if Dr. Patel refuses. Dr. Patel's training is in child anxiety; he has no forensic certification.
1. Should Dr. Patel accept the custody evaluation? Explain the multiple-relationship and competence issues.
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No. Accepting the custody evaluation would create a multiple relationship and a role conflict. Dr. Patel is Leo's treating therapist; the father has objected; and Dr. Patel has no forensic training or custody-evaluation experience. APA Ethics Standard 3.05 cautions against multiple relationships that could impair objectivity, and Standard 2.01 requires competence. A custody evaluator must be impartial, obtain informed consent from both parents, use a forensic protocol, and avoid relying on therapeutic alliance. The statement that Dr. Patel already knows Leo best is exactly the bias that disqualifies him. He should decline, explain the role difference to the mother, and provide referrals to qualified forensic evaluators.
2. May Dr. Patel testify as Leo's treating therapist? What limits apply?
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He may testify as a treating therapist only within the limits of that role. He should not offer a custody recommendation or ultimate opinion. If properly authorized by both legal parents or ordered by the court, he may describe treatment history, symptoms, progress, and observations relevant to Leo's functioning. He should clarify in any report and testimony that he is not a forensic evaluator, that he did not evaluate the parents or the custody question, and that his opinions are based on treatment data. He must obtain appropriate releases or a court order and should not release the full record to one parent's attorney without legal authority. The father's objection should prompt consultation with counsel.
3. If the mother carries out her threat to withdraw Leo from treatment, what should Dr. Patel do?
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Dr. Patel should not abandon Leo. He should discuss the concerns, explain that he cannot serve as custody evaluator, offer appropriate referrals for both treatment and forensic evaluation, and document the termination process. He may not condition continued treatment on being allowed to perform the custody evaluation. If the mother terminates, he should provide a summary and referrals as ethically appropriate. He should also consider whether the withdrawal is connected to the litigation and seek consultation. The threat does not change the ethical prohibition on the dual role.