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Biased custody evaluations
An expert opinion should follow the evidence—not decide the story first
Custody evaluations can profoundly affect children and families. Harm can result when an evaluator uses unreliable methods, applies unequal scrutiny, overlooks abuse or coercive control, relies on incomplete information, exceeds the appointment’s scope, or allows bias and conflicts to shape conclusions.
What failure can look like
- Unequal interviews, testing, observation, or requests for records between the parties
- Important collateral sources or contradictory evidence ignored without explanation
- Conclusions that exceed the available data, the evaluator’s expertise, or the court’s appointment order
Protect the record
Preserve the appointment order, evaluator disclosures, qualifications, methods, raw-data access rulings, records supplied, interview and testing dates, invoices, report, testimony, and specific factual errors. Protect confidential testing material and children’s privacy; use qualified counsel and an appropriate independent expert when permitted.