Can a Child's Psychologist Testify? (Author Harry Brody, Ph.D.)

This article was reproduced with permission from The Commentator, a publication of the Family Law Section of The Florida Bar. The statements or expressions of opinion within it are those of the author(s), and should not be attributed to The Florida Bar or its Family Law Section.

Can a Child’s Psychologist Testify?

By Harry Brody, Ph.D., Miami

In the course of child custody litigation, treating mental health professionals are frequently asked to testify and make recommendations regarding custody, residence, and visitation.

Chapter 64B19-18.006 of The Florida Administrative Code, entitled Prohibition Against Treating Psychologists Performing Forensic Evaluations of Minors for the purpose of Addressing Custody, Residence, or Visitation, states “It is a conflict of interest for a psychologist who has treated a minor or any of the adults involved in a custody or visitation action to perform a forensic evaluation for the purpose of recommending with which adult the minor should reside, which adult should have custody, or what visitation should be allowed.” The American Association of Marriage and Family Therapists has adopted similar guidelines in their Code of Ethics.

These professional practice standards do not preclude the treating mental health professionals from testifying or providing information regarding the treatment as long as confidentiality is not violated.

Hopefully this information will clarify the respective roles and appropriate functions of mental health professionals involved in child custody litigation.