Ethical Child Custody Evaluations: The Good, the Bad and The Ugly

30 Jul , 2021

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In a divorce, there may be a child custody dispute. Even if objections arise, one hopes that there will be no question concerning the evaluator’s ethics or objectivity. Elisa Reiter will explore the parameters of Child Custody Evaluations in the context of divorce and modification cases. In-house counsel may be the first individual contacted when employees face litigation such as divorce or modification cases. Often, the greatest battle in a divorce is not about money, but about who will have custody of the children. If there is a custody dispute, a child custody evaluation may be an important aspect of the case. An intrinsic element of child custody disputes is that one or both parties may be dissatisfied with the evaluator’s recommendation. There should be no question concerning the evaluator’s ethics or objectivity. Implicit biases should be addressed as part of any analysis of child custody evaluations. In dealing with child custody evaluators, attorneys must be mindful of Chapter 4 of the ABA Rules. 

We will be discussing the following rules during the presentation: 

  • Rule 4.1 Truthfulness in Statements to Others; 
  • Rule 4.2 Communication with Person Represented by Counsel; 
  • Rule 4.3 Dealing with Unrepresented Person; 
  • Rule 4.4 Respect for Rights of Third Persons

 

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