20th Oct 24 12:38 pm
JamieIn other fields of law, the discussions often debate facts and reality. However, when it comes to child custody disputes, most of the discussion revolves around the intangible: the child’s best interests, the caregivers’ mental capacity, and the discussion of what constitutes fitness to parent. As such, the waters can often get muddied and may even require an expert in human psychology. In this situation, many custody disputes involve a child counselor to help evaluate the situation from an expert’s perspective.
For more information on the role of child counselors in custody disputes, consider speaking with an experienced child custody attorney from Colorado Divorce Law Group. Schedule an appointment with a compassionate Colorado divorce attorney by calling the office at (720) 593-6442.
One of the primary roles child counselors may provide in such a case as this is an evaluation of the developmental needs of the child. While the physical needs may be obvious, such as food, shelter, and safety, the mental and emotional needs may need a subtler hand to determine. This is often where the child counselor comes in, providing knowledge and experience with developing minds. By reviewing the specific developmental needs of the child, a child counselor can recommend a course of action to a judge based on their expertise.
One of the categories a child psychologist may use to evaluate the needs of a child in a custody dispute is health. If a parent is unable to provide for the basic needs of the child, such as safety, healthcare, and sustenance, they may not be fit to parent or have custody over a child. In custody disputes, the judge generally defers to what is best for the child’s welfare.
In addition to basic necessities, a child counselor will also help to evaluate the educational needs of the child. There is a vast difference between private and public schooling, as well as homeschooling, tutoring, and online schooling. In certain circumstances, children with special needs or developmental disorders may require special education. The child counselor generally takes this all into account when advising a judge.
Beyond the first two categories, the child counselor will also take into account general welfare. This category usually accounts for anything that is not caught by the first two. This can include extracurricular opportunities, the emotional state of the child, access to certain benefits, and more.
An experienced family law attorney from Colorado Divorce Law Group can help clarify the role of a child counselor in a specific custody dispute.
A psychologist may also be involved in conducting evaluations of the parents to discern whether or not they are fit mentally to be a provider and caretaker of a child. This may involve diagnosing substance abuse, mental disorders, or other instabilities that may affect the well-being of the child. These evaluations will often assess the thinking style, personality and behavior, and the emotional capacity to assess strengths and weaknesses in themselves as well as needs in the child. According to the Colorado General Assembly, custody disputes are to be determined in favor of the child’s well-being.
In extreme cases, a judge may call in a psychologist to evaluate if a parent is fit to be a caretaker at all. In custody disputes, this generally only occurs when a parent is struggling with a substance addiction or has displayed abusive tendencies. These evaluations may include face-to-face meetings, tests, and observation of the parent and child together.
Another role that child counselors may play in custody disputes is an authority on the subject at hand. Counselors have spent years of study to learn the inner workings of the human mind, and have spent years more honing those skills by practice. When it comes to determining the well-being of a child and making informed decisions on their behalf, a judge may think it best to consult an expert for guidance.
However, in these cases, the child counselor in question will likely be an unbiased outsider, not a child counselor who has worked with the family in question. A child counselor who has previous experience with the child or with the parents may influence the case with unnecessary personal feelings.
However, while a therapist may play many roles in a custody case, there are some limitations on what they may or may not be able to do. A child counselor may interact with legal circles, but they are ultimately mental wellness professionals, not legal entities. This means that occasionally their profession or interests may prohibit them from engaging with the court in certain ways.
One of the factors that may prohibit child counselors from engaging in a custody dispute is the therapist-patient privilege. A major part of a therapist’s job is ensuring that the patient feels safe and respected, which means that therapists have agreed to confidentiality on matters of sensitive information that has been shared in the session.
If a child counselor agrees to testify in court, they may violate that agreement on accident, which would not only break trust with the patient but also damage their credibility as a therapist. According to the Journal of the American Academy of Child Psychiatry, the disadvantage to testifying in court is that, by human error, a therapist may divulge more than is necessary and damage their reputation.
A typical child counselor is primarily interested in the emotional and mental well-being of their patient. If by testifying or engaging in court activities they may risk that relationship, it may be difficult for them to commit. In addition to this, the child’s preexisting therapist may be biased and unable to give fair judgments in a court setting.
This is when it becomes important to understand the difference between custody evaluators and child counselors. A child counselor’s job is to provide for the mental health needs of a child, whereas a custody evaluator, also known as a forensic psychologist, uses psychology to determine the truth of a matter. A custody evaluator does not have a previous relationship with the family and is therefore able to provide unbiased opinions on the parenting capabilities of either party.
When it comes to ensuring proper care and custody arrangements in a custody dispute, a child counselor can be a great resource. Many courts and judges will assign therapists if they believe it to be necessary. However, as with all legal proceedings, there may be unexpected complications. Having an experienced family law and divorce attorney from Colorado Divorce Law Group can help to clarify any issues and determine the role of child counselors in custody disputes. To schedule a consultation, consider speaking with the office by calling (720) 593-6442.
