Family Law Psychological Evaluations | Expert Guide
Note From the Author
This blog post has been adapted from our comprehensive training presentation, "Standardizing Forensic Evaluations," provided by Dr. Lisa Long and Dr. Marlena M. Ryba for the AFCC Fall 2025 Virtual Conference. For an even more comprehensive overview—including handouts, cultural considerations, and tips for attorneys—you can visit the full presentation website.
The High Cost of Vague Family Law Psychological Evaluation Orders
In family law, one of the most common and costly phrases in a court order is "Mother/Father shall complete a mental health evaluation." It seems simple, but this vague referral is often the direct cause of months of delays, thousands in wasted fees, and a final report that is functionally useless to the Court.
Why? Because the order fails to define the purpose and scope of the evaluation. It creates a loophole, allowing for a general "check-in" at a managed care clinical evaluation clinic or a basic intake evaluation done by a counselor or therapist, when what the Court actually needs is a forensic evaluation.
This is a persistent, documented challenge. Research consistently finds that court orders are often vague, failing to translate broad legal questions (like "best interests of the child") into clear, case-specific psychological issues for evaluators to address (Zumbach & Volbert, 2021; Forslund et al., 2021).
The solution is specificity. An effective order is a forensic order. This guide will walk you through the three primary types of forensic evaluations, the critical role of cultural competence, and a new tool to help you draft standardized, effective orders every time.
Part 1: "Right-Sizing" the Referral – A Triage Model
Ordering a Full Custody Evaluation (FCE) for a single, narrow issue is like using a sledgehammer to crack a nut. It's unnecessarily costly, slow, and invasive. The key is to "right-size" the evaluation to fit the specific psycho-legal question before the Court.
We recommend a triage model based on three distinct types of evaluations:
1. Brief Focused Assessment (BFA)
I. PURPOSE AND NATURE OF EVALUATION
The purpose of this Brief Focused Assessment (BFA) is to provide the Court with a timely, limited-scope evaluation to answer *one specific question* about an issue already known to the court (i.e., based on a finding of fact or a well-documented concern).
II. TAILORED EVALUATION METHODOLOGY
The Evaluator shall design and implement a methodology sufficient and necessary to answer the specific referral questions. Potential methods include, but are not limited to:
- Clinical Interviews: Focused interviews with parties relevant to the referral questions.
- Review of Records: Review of specific records relevant to the referral questions.
- Collateral Interviews: Focused interviews with collateral sources who possess information directly relevant to the referral questions.
- Targeted Observations: Direct observation of parent-child interactions, if necessary.
- Psychological Testing: Administration of specific, validated psychological instruments if necessary.
Case Examples
2. Parental Capacity Evaluation (PCE)
I. PURPOSE OF EVALUATION
The purpose of this evaluation is to provide the Court with a comprehensive assessment of the Examinee's capacity to meet the physical, psychological, social, and developmental needs of the minor child(ren). It is broader than a BFA and digs into *how* a parent's functioning impacts their ability to care for a child.
II. SCOPE OF INQUIRY & KEY REFERRAL QUESTIONS
The evaluation report shall provide findings, conclusions, and recommendations addressing the following domains:
- A. Mental Health and Substance Use Status
- B. General Parenting Capacities (Caregiving, Protective Capacity, Capacity to Change)
- C. Co-Parenting Capability
- D. Overall Treatment Recommendations
III. REQUIRED EVALUATION METHODOLOGY
The Evaluator shall employ a multi-modal approach, including but not limited to:
- Clinical Interviews: Multiple in-depth clinical interviews with the Examinee.
- Psychological Testing: Administration of standardized, validated psychological assessment instruments as deemed clinically necessary.
- Review of Records: A thorough review of relevant records (e.g., court filings, prior assessments, medical/psychiatric records, substance abuse treatment records, criminal histories).
- Collateral Interviews: Interviews with relevant collateral sources (e.g., therapists, physicians, educators, family members) who possess pertinent information about the Examinee's functioning.
Case Example
3. Full Custody Evaluation (FCE)
I. PURPOSE OF EVALUATION
The purpose of this evaluation is to provide the Court with a comprehensive, child-centered assessment of the *entire family system* to assist in determining the "best interests of the child(ren)." It involves a comparative analysis of both parents.
II. SCOPE OF INQUIRY & KEY REFERRAL QUESTIONS
The evaluation report shall provide findings, conclusions, and recommendations addressing the following domains:
- A. Individual Party Assessment (To be conducted for each party)
- Mental Health & Substance Use
- General Parenting Capacities (Caregiving, Protective Capacity, Capacity to Change)
- B. Assessment of the Minor Child(ren)
- Current psychological, social, and developmental functioning
- Specific educational, emotional, and medical needs
- Adjustment to parental separation and conflict
- Stated preferences of the child(ren) (if of suitable age and maturity)
- C. Parent-Child Interactions
- Nature and quality of the relationship and attachment between each parent and each child
- Observed parenting styles, communication patterns, and disciplinary approaches
- D. Co-Parenting Relationship
- Capacity and willingness to co-parent effectively
- History and current level of parental conflict and its impact on the child(ren)
- Ability to support the other parent's relationship
- E. Comparative Analysis & Conclusions
- F. Final Recommendations
- Recommendations for legal custody, physical custody (residential schedule), and interventions.
III. REQUIRED EVALUATION METHODOLOGY
The Evaluator shall employ a multi-modal approach, including but not limited to:
- Clinical Interviews: Multiple in-depth clinical interviews with each party.
- Psychological Testing: Administration of standardized, validated psychological assessment instruments to each party.
- Interviews with Child(ren): Age-appropriate clinical interviews with each minor child.
- Parent-Child Observations: Direct observation of each party interacting with the minor child(ren).
- Review of Records: A thorough review of all relevant records.
- Collateral Interviews: Interviews with relevant collateral sources.
- Home Visits: May be conducted if deemed necessary by the Evaluator.
Case Example
From Theory to Practice (A New Tool)
Reading about forensic best-practices is one thing; putting them into daily practice is another. To bridge that gap, we built the Family Law Evaluation Order Builder—a fully functional web application designed to be both an educational resource and a practical utility for drafting better court orders.
This tool is the functional solution to the problems of vague, non-standardized referrals.
Why Attorneys Should Use This Tool
This app is more than just a template. It's an interactive guide that helps you build a forensically-sound, evidence-based court order from the ground up.
It's an Educational Tool: By walking you through the BFA, PCE, and FCE, it reinforces the "why" behind each scope, helping you select the "right-sized" evaluation for your case.
It's a Functional Utility: It saves you substantial time. The app allows you to enter all your specific case information (names, case numbers, etc.) and then automatically populates the comprehensive, evidence-based scope for the evaluation type you select.
It Allows for Case-Specific Tailoring: This is the key. While the core scope (like the PCE's) is clearly defined, the app allows you to add the crucial case-specific details the evaluator needs. You can add sections for:
Specific Records: Authorize the release of medical records, mental health records, CPS records, etc.
Collateral Contacts: Mandate who must be contacted (e.g., therapists, school personnel, childcare providers).
Case-Specific Notes: Add any other special instructions, cultural considerations, or procedural context the evaluator needs to know.
The result is a comprehensive draft order that is both standardized in its best-practice scope and perfectly tailored to the unique facts of your case. It provides the evaluator with the extreme clarity needed to produce a useful, relevant, and defensible report for the court.
Best of all, this tool is 100% private. All information you enter is processed locally in your own browser. None of this data is sent to a server, stored in a database, or tracked in any way. All your confidential case data disappears the moment you close the browser tab.
Access the Web App Now
You can use the tool right now on your phone, tablet, or laptop.
Click the link below to open the application.
Quick Reference Guide: Selecting the Right Evaluation
| Key Question for Your Case | Brief Focused (BFA) | Parental Capacity (PCE) | Full Custody (FCE) |
|---|---|---|---|
| Key Features | |||
| Need to diagnose/assess mental health? | ✓ | ✓ | ✓ |
| Need to assess parenting abilities/capacity? | ✗ | ✓ | ✓ |
| Need parent-child observations? | ✗ | ✓ | ✓ |
| Need to compare both parents? | ✗ | ✗ | ✓ |
| Need to evaluate all household members? | ✗ | ✗ | ✓ |
| Typical Case Types | |||
| Need to assess treatment compliance ONLY? | ✓ | ✗ | ✗ |
| Need to assess a *single* issue (e.g., new partner)? | ✓ | ✗ | ✗ |
| Case involves Termination of Parental Rights (TPR)? | ✗ | ✓ | ✗ |
| Need a reunification assessment? | ✗ | ✓ | ✗ |
| Need to assess one parent's fundamental capacity? | ✗ | ✓ | ✗ |
| High-conflict initial custody dispute? | ✗ | ✓ | ✓ |
| Case involves complex alienation allegations? | ✗ | ✓ | ✓ |
| What the Court Receives | |||
| Answer to *one* specific question | ✓ | ✗ | ✗ |
| Parenting capacity assessment (of one parent) | ✗ | ✓ | ✗ |
| Safety & treatment recommendations | ✓ | ✓ | ✓ |
| Comparative analysis of parents | ✗ | ✗ | ✓ |
| Custody/visitation recommendations | ✗ | ✗ | ✓ |
Important Notice
You may also want to check out our CCA vs. PCE: Key Differences in Family Law Evaluations
Need a court-ordered psychological evaluation or legal consultation?
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This interactive tool is provided for educational purposes only and does not substitute for expert consultation. The most effective way for child protection agencies, family law judges, and attorneys to ensure they obtain the appropriate type of psychological evaluation is to consult directly with a forensic psychologist who specializes in family law matters.
Experienced forensic psychologists can provide draft consent orders, help define evaluation scope, and ensure the referral language addresses the specific psycho-legal questions in your case. Many jurisdictions have specific requirements and preferred language that only a specialist familiar with your court system would know.
If you would like consultation on consent order language and referral scope, please fill out our service request form. We are more than glad to help ensure your evaluation request yields the information necessary for informed judicial decision-making.
Request a Fast Response: 👉24-Hour Referral Request Portal