What is A Forensic Evaluation?
It is not uncommon in resolving custody disputes, for the Court to order a forensic evaluation. This is an evaluation by a psychiatrist or psychologist, chosen mutually by both litigants, or by the Court to:

• Provide a neutral evaluation of the litigants and children
• Render a recommendation of custodial and visitation arrangements based on what the psychiatric expert deems to be in the best interests of the children

This analysis is written after the expert has, on several occasions, seen both parents separately, seen the children, and each parent alone with the children.

What is the Psychiatrist or Psychologist Looking For?
Primarily, he or she is trying to determine which parent is better qualified to foster a healthy relationship with the children and also with the other parent. It is based on the velief that children do best with two parents whom they can hold in high esteem.

A good forensic psychiatrist or psychologist will try to determine:

• Which parent better understands the physical and emotional developmental stages of the children
• Each parent's stability
• Which parent is most likely to provide a stable home environment for the children, both physically and emotionally

Obviously, a parent with psychological problems, or drug or alcohol dependency, will not do well here. Similarly, a parent who exhibits lifestyle instability frequent moves, a paramour of questionable character, frequently unavailable will not do well in these examinations. Oftentimes, the source of this information is from the children themselves.

Equally important is a parent's ability to demonstrate concern for the children and to show an ability to exercise good judgment. Other factors might include having a good set of values and being a good role model for them.

The information children provide is frequently the best possible evidence for the other parent. In rendering a forensic report, the psychiatrist or psychologist is not bound by the rules of evidence. Even hearsay may properly be presented to the Court.

Forensic evaluations are highly regarded by the Court. Frequently, the best way to win custody is to have a forensic examiner agree that it is in the children's best interest for you to be named custodial parent.

Will You Be Allowed to Read the Forensic Report?
Since the forensic report is submitted to the Court, the questin is who is entitled to access? In many counties in New York City, judges will give copies of the report to attorneys with no restrictions on showing it to the client. Said one judge, "The litigants have a right to know what the Court appointed expert thought of the parents." But in other instances in New York City, attorneys may receive a copy but may not be allowed to show it to the client. The extent that the attorney may reveal the contents of the report to the client remains ambiguous. This is especially true in Nassau and Suffolk Counties where attorneys may review the report, take notes, but they are not allowed to take the reports with them.

What is the Court Rulings on This Issue?
The Appellate Division, Second Judicial Department governing Long Island, Queens, Brooklyn, Westchester and Staten Island, (Christaidos v. Christaidos) ruled a litigant's attorney must be allowed access to these reports in order to effectively cross examine the expert and submit other evidence in connection with issues raised in the report. However, in a later case (Forzano v. Forzano) the same Court rules that a copy of the report need not be given to litigants. The attorney's permission to review the report was considered sufficient.

We believe the Court must rethink the reasonableness of not providing attorneys with copies of the forensic report. It not only increases legal fees by requiring the attorney to spend a substantial time in Court taking notes, it also deprives a litigant of a full and fair opportunity to challenge the accuracy of the expert's findings. Since a trial or hearing is a truth finding process, such an impediment is improper.

Conclusion
Although we have to work within the law as it currently stands, the most important thing to remember is that the forensic examination is to determine which spouse will be the best custodial parent for the children. It is especially important, for one thing, that you never bad mouth the other parent to your children. Come to this examination properly prepared to demonstrate your fitness. But your answers must be truthful, because the most important evaluation will come from your children.