Biased Therapists Involved in Child Custody Evaluations. What Can You Do?

Q) How can I keep my child’s biased therapist away from my social investigation? I’m afraid their opinion could damage my case in the social investigation since they favor my former spouse.

A) You may want to discuss the pros and cons of requesting an order from the judge that could potentially order the child’s “Psychotherapist Patient Privilege” be protected during the course of the social investigation. As there are many pros and cons to put this kind of order in place, it is important you explore the possible effects of this on your case. Putting such an order in place, may prohibit the therapist from submitting any of the child’s records  or session content into court or evidence.

Another option would be to consult with your attorney regarding the pros and cons of requesting that the court order the child to obtain a new therapist who adheres to AFCC’s Guidelines for Court Involved Therapy.

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