EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:

Abstract

This article proposes a four‐level model of clinical inferences to analyze the psychological evaluation process in custody matters. At each level the authors summarize the status of the relevant psychological literature and conclude that, as clinicians respond to the ultimate issues (e.g., who should be the custodial parent) the empirical foundation for such conclusions is tenuous or non‐existent. A jurisprudence argument is also made that such opinions should be routinely excluded from the fact‐finding process. Given the significant potential for specific custody recommendations to limit personal liberties and the trajectory of a child's life, the paucity of relevant research available in this area, and profound evidentiary issues, such recommendations should be viewed as ethically inappropriate. A model for what clinicians can ethically say to courts is proposed.