The Treating Therapist Asked to Do a Custody Evaluation
Dr. Samuel Kim, a Missouri-licensed psychologist, has treated 9-year-old Ava for generalized anxiety disorder for two years. Ava’s mother’s attorney asks Kim to perform a custody evaluation and testify that mother should have primary custody. Ava’s father opposes the request. Kim has no forensic training, has never conducted a custody evaluation, and has only seen the father twice. Kim believes mother is the more consistent parent and wants to help. The court has not ordered an evaluation. Mother offers to pay Kim $3,000 for the evaluation and testimony; Kim’s usual therapy fee is $150 per session. Ava’s treatment has included school accommodations and gradual exposure; she is improving.
1. Should Dr. Kim accept the custody evaluation and $3,000 fee? Explain.
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No. Kim is Ava’s treating therapist, so he has a therapeutic relationship with Ava and a treatment alliance with her mother. Switching to a forensic evaluator role creates an impermissible multiple relationship and undermines objectivity. He also lacks forensic training and experience, so accepting would exceed his competence. The $3,000 fee and his belief that mother is more consistent increase the risk of bias. Kim should decline the evaluation, explain the role conflict to the attorney, and recommend an independent, qualified custody evaluator who has not treated Ava.
2. What can Kim properly provide to the court or attorney?
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With appropriate authorization or court order, Kim may provide a treatment summary and testify as Ava’s treating therapist. He can describe symptoms, treatment course, response to interventions, and observations, but he should not offer a custody recommendation unless he has been qualified as an expert and the court permits it; even then, his role remains treating clinician, not forensic evaluator. He should clarify the limits of his opinion and avoid opining on the father’s parenting when he has seen him only twice. He may recommend a custody evaluation by an independent evaluator.
3. If mother pressures Kim by saying Ava’s anxiety will worsen if father gets more time, how should he respond?
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Kim should acknowledge the mother’s concern without adopting it as a forensic conclusion. He can address Ava’s anxiety in treatment: identify triggers, coping skills, school supports, and transition plans. He should not promise a custody outcome or let the mother’s pressure shape his records. If Ava’s anxiety is relevant to parenting time, Kim can document objective observations and recommend that the court-appointed evaluator review them. He should maintain boundaries, avoid advocacy, and consult a forensic colleague or the board if unsure.