Avoiding and Dealing with Adverse Custody Evaluations

Three sets of activities are central to avoiding and dealing with adverse custody evaluations.  First, the attorney’s pre-evaluation investigation must develop facts that support a theory of the case the court can embrace.  Preparation of the client for the evaluation must include an adequate investigation of the facts of the case, both those the client will present as well as those anticipated from the other side.  Thorough preparation enhances the likelihood of avoiding or minimizing the chances that an evaluation will be adverse.  Second, receipt of an evaluation report triggers an analysis of the logic and methodology upon which the report is based, whether it is favorable or adverse.  This review by the attorney and/or expert consultant should examine the evaluator’s fact investigation, the application of logic and theories to these facts, and the resulting fit between the facts, the theories of the case, and the conclusions of the evaluator.  The product of the first two sets of activities leads to the third set.  After identifying the strengths and weaknesses of a report adverse to their client, attorneys must evaluate what facts, analyses, or opinions can be successfully challenged by cross-examination or presentation of contrary evidence.  These steps inform choices between settlement and litigation.
 
Topics will include: 

• Effective pre-evaluation investigation of the facts of the case
• Analyzing the evaluator’s fact investigation, the application of logic and theories, the fit between the facts, the theories of the case, and the conclusions of the evaluator.  
• Identifying the strengths and weaknesses of a report adverse to the client
  • How to evaluate what facts, analyses, or opinions can be successfully challenged by cross-examination or presentation of contrary evidence.  

 
Speakers*:
Milfred D. Dale, Ph.D. (ABPP) 
David Weinstock, J.D., Ph.D.  
 
 
*See materials tab for speaker biographies.