Neutral Forensic Evaluation

In New York, when parents cannot agree on a custody arrangement, the court may appoint a neutral forensic evaluator to provide a recommendation. A forensic evaluator is typically a mental health professional, such as a psychologist, psychiatrist or social worker. The neutral forensic will prepare a report, which will be admitted into evidence by the court. Although the report may influence a judge’s decision-making, the recommendations contained within it are not binding on the court. Rather, the judge takes the report into consideration, along with the rest of the evidence, when making a custody decision.

1. Court Appointment:

The court usually appoints a forensic evaluator when parents are unable to reach an agreement on custody or if it has concerns about the child’s best interests. The neutral forensic helps the court make a decision that is in the best interests of the children.

2. Qualifications of Forensic Evaluators:

Forensic evaluators in New York must meet specific qualifications, often holding advanced degrees in psychology, social work, or a related field.

3. Impartiality and Neutrality:

Forensic evaluators are impartial and neutral. Their primary focus is to assess the best interests of the child by considering each parent’s ability to meet the child’s physical and emotional needs.

4. Evaluation Process:

• The neutral forensic will typically interview each parent, the child, and other pertinent individuals (e.g., teachers, extended family members, new partners).
• The neutral forensic may observe interactions between each parent and the child.
• The neutral forensic may review relevant documents, such as school records or medical reports, provided by the parents.

5. Report and Recommendations:

• The forensic evaluator will prepare a detailed written report outlining his or her findings and recommendations.
• The report is submitted to the court and entered into evidence.

6. Court Proceedings:

• The court may schedule a hearing where the forensic evaluator may testify and present his or her recommendations.
• Although not binding on the court, the judge will consider the forensic report – along with other evidence presented during the hearing – when making a custody decision.

7. Cooperation with the Evaluator:

The parents should fully cooperate with the forensic evaluator. Failure to cooperate may cause the court to negatively view that parent’s willingness to prioritize the child’s best interests.

The neutral forensic evaluation plays a crucial role in New York custody disputes. Parents involved in such disputes should approach the evaluation with transparency, honesty and cooperation Seeking legal advice throughout this process is highly recommended to navigate potential legal complexities.