Case Study 2: Treating Therapist Asked to Do Custody Evaluation
You are a licensed psychologist in St. Paul. For 14 months you have treated Maya, age 9, for separation anxiety. You have met both parents, each of whom has joint legal custody, and you have twice attended school team meetings at their request. The parents are now divorcing. Maya's father's attorney calls and asks you to conduct the custody evaluation because you already know the family. The attorney says the mother verbally agreed and that a court order will follow. You have no training in forensic custody evaluation and have never been appointed by a court. The father offers to pay your usual hourly rate for evaluation and testimony. The mother has not contacted you directly. Maya's treatment is going well, and she has disclosed nothing about abuse or neglect.
1. Should you accept the custody evaluation? Explain the ethical, legal, and clinical reasoning.
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No. Accepting would create a multiple relationship and a conflict of interest. You are Maya's treating psychologist; the therapeutic role requires alliance and confidentiality, while a custody evaluator must be neutral, court-appointed, and forensic. Minnesota custody evaluations under Minn. Stat. § 518.167 require a qualified evaluator appointed by the court; a verbal request from one attorney is not enough. You also lack forensic training and experience. Decline the evaluation in writing, explain the role conflict, and offer the appropriate alternatives: provide a treatment summary or records with valid authorizations from both legal custodians or a court order, and testify as a treating clinician about treatment facts, not as a custody expert. If the court orders you to evaluate, seek clarification and likely decline or ask for a different evaluator.
2. What may you disclose to the attorney or court, and how do you protect Maya's confidentiality?
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Disclose only what is authorized or ordered. Psychotherapist-patient privilege under Minn. Stat. § 595.02, subd. 1(g), belongs to the client and can be waived; with joint legal custody, do not rely on one parent's verbal consent. Ask for signed releases from both parents or a court order. Provide the minimum necessary, keep psychotherapy notes separate where legally permitted, and do not offer a custody recommendation outside your role. Notify the parents of the request, assert privilege if no authorization exists, and document all contacts. If the attorney pressures you, consult an attorney and seek a protective order.