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Custody Evaluations: Are they Worth It?
Custody evaluations are great tools that can be utilized in the context of a contested custody case, but they can be cost prohibitive. The uses and benefits tend to outweigh the cost, which is why attorneys continue to request them. This article addresses "private" custody evaluations, which are privately retained by the parties, or are court-appointed based on one party’s motion or a joint motion. It is important to remember that some courts provide free custody evaluations, so in the jurisdictions that do so, they are highly sought after.
What can custody evaluations be used for? Most simply, they are a single place to find information, and more importantly, a single report or witness to present as evidence or testimony to the judge. In terms of trial, it is much more efficient to present the evaluator and his or her report, rather than parading a child’s entire network of family, friends, and teachers through the courtroom.
Custody evaluators also have the luxury of taking time to see how all the different pieces of information fit together, and ask follow up questions to get the full picture, and can present the information from a neutral, third party perspective. Judges, on the other hand, are forced to take the evidence as presented, and hope that the system of direct and cross examining witnesses has done enough to minimize any bias that exists in the witness.
Custody evaluations are a full spectrum analysis, involving multiple issues, many interviews, and many hours to provide as complete an evaluation as possible. The process takes approximately fifty hours over the course of three to six months, at minimum. For cases in which the parents are farther apart in their beliefs of the child’s best interests, the process could take longer. Full custody evaluations can cost approximately $20,000 on the low end, but can easily be more costly. The evaluation can be quite costly, but the result can often help determine the direction of the case.
A second option for cases that have smaller, more limited questions regarding the children is a brief focused assessment, or specific issue evaluation. Topics that tend to lend themselves to a brief focused assessment include the child’s attachment level to each parent, relocation research, determining the child’s developmental level, and determining the child’s wishes. A brief focused assessment regarding the child’s wishes is a unique way to present the child’s desires without putting the child through the ordeal of testifying in court.
These brief focused assessments can be completed in as few as four to six weeks, and cost closer to $5,000. These assessments are faster and less expensive because they are so narrowed in scope that the amount of people the evaluator must interview is significantly decreased, so the process moves much quicker. However, the brief focused assessments provide the same benefits to a judge, simply on a much more limited scale.
Custody evaluations and brief focused assessments are performed by mental health professionals such as psychologists, psychiatrists, licensed clinical marriage and family therapists or licensed certified social workers-clinical (LSCW-C).
In sum, despite the hefty price tag, it’s safe to say that custody evaluations, in one form or another, will continue to be used in family practice. Their benefits and uses are significant, and typically justify the associated costs.
Visitation Resistance
In separated and divorcing families we will often see cases where a child refuses to visit or have contact with one parent. There are many reasons a child will give for the refusal, ranging all the way from serious abuse to one parent allowing more freedoms than the other. The parent whom the child refuses to see may accuse the child-aligned of "parent alienation". In the 1980’s psychiatrist Richard Gardner coined the phrase Parental Alienation Syndrome (PAS). Some debate exists about whether PAS is a syndrome in the classic term, which is capable of being diagnosed. However, the phenomenon of parental alienation is typically defined as the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent. These cases can get difficult when the Court orders access between the parent and child and the child refuses to go or goes but acts out in protest while with that parent.
In these cases, one tactic parties and the Courts have started to utilize is Reunification Therapy between the child and the alienated parent. Reunification therapy involves both parents and the child in the therapy process. Usually the therapist will meet with each party separately but will also have joint sessions. Joint sessions between the child and the alienated parent focus on addressing cognitive distortions by the child, coaching the parent to interact more positively, and to avoid blaming and bashing of the other parent.
To learn more about child visitation resistance contact the attorneys at Markham Law Firm today by calling (240) 396-4373.
Congratulations to Leslie Miller
Leslie Miller has just been appointed as the Treasurer of the Montgomery County Women's Bar Association. In this role, she will also serve on the Board of Directors.
http://www.mocowba.com/officers/
The Women’s Bar Association of Maryland (WBA) is an organization of women and men committed to the full and equal participation of women in the legal profession and in a just society. The WBA believes that a strong community of women in the legal profession is essential to the administration of justice. The mission and goals of the WBA are to:
- Promote and assist women to obtain positions of influence and leadership within their workplace, the legal profession, the judiciary, and the community;
- Raise awareness of and fight biases against women within the community at large, the legal profession, and under the law;
- Promote and effect diversity, equality and justice under the law and within the legal system;
- Support women in the legal profession in their personal and professional lives;
- Provide opportunities for volunteerism and advocacy on issues affecting women;
- Collaborate with other individuals and organizations to improve the status of women;
- Celebrate the individual and collective achievements of women in the legal profession; and
- Promote full and equal participation of women in society by eliminating all forms of discrimination.
Women in the Law Interview
Check out my interview on "Women Leading The Way In Law" Podcast- https://itun.es/i67x25n #iTunes. Or: http://directory.libsyn.com/episode/index/id/4880554
DC SuperLawyers Rising Star 2016
Congratulations to Jillian Morris for being selected as a 2016 Rising Star in Washington DC SuperLawyers Magazine!
Congratulations to Leslie Miller
Ms. Miller was sworn into the Maryland Bar today! Congratulations!
2016 Daily Record Leading Women Honor
Baltimore, Md., (October 6, 2016) — The Daily Record selected Ms. Markham to receive one of the 2016 Leading Women awards.
The Daily Record’s Leading Women awards honor 50 women who are 40 years of age or younger for the accomplishments they have made so far in their careers. A panel of previous Top 100 Women and Leading Women winners selected the honorees based on their professional experience, community involvement and commitment to inspiring change.
"The Daily Record's 2016 Leading Women are truly inspirational. Their professional accomplishments, community involvement and commitment to inspiring change exemplifies why they are Leading Women in Maryland," said Suzanne Fischer-Huettner, publisher of The Daily Record. "They excel to high levels professionally and personally, and The Daily Record congratulates them on this award."
Healthcare Surrogates and Directives
End of life decisions can be difficult for most anyone, but infusing family dynamics can make the process that much more difficult. Proper Health Care Directives can often help to circumvent any misunderstandings in the future.
A patient with capacity has a right to make his or her own medical decisions, including whether life-sustaining procedures should be used. It is important to remember that a patient can be competent to make healthcare decisions despite suffering from a mental illness.
What are Healthcare Directives?
Healthcare Directives allow for adults who have decision-making capacity to deal with future care issues by one of three methods:
Written Instructions – Also known as a living will.
An agent – Also known as a proxy or durable power of attorney for health care. A healthcare agent has authority to make a decision about life-sustaining procedures. The agent is to make a decision consistent with the patient’s wishes or what is in the patient’s best interest, if wishes are unknown. If more than one agent is designated in the healthcare directive, and those agents do not agree on a medical decision, the matter can be referred to Patient Advisory Committee (Ethics Committee).
Oral instruction – Must be made to the proper medical staff, witnessed and documented in the patient file.
Patients can revoke healthcare directives at any time and there is a strong presumption of competency when a person tries to revoke a healthcare directive.
What are Healthcare Surrogates?
If a patient has not designated a healthcare agent, the court has not appointed a Guardian, and the person can no longer make healthcare decisions (as determined by 2 physicians) a surrogate has the authority to make the decision. There is presumption of consent to treatment in an emergency. Surrogates are asked to make ONE decision (i.e. will you consent to this surgery or can we transfer the person from a hospital to a nursing home). Surrogates are not making health care decisions on an ongoing basis.
Individuals asked to make surrogate decisions are placed in a particular class and may be consulted only if the next higher in unavailable:
The person’s guardian
Spouse/Domestic Partner
Adult child
Parent
Adult sibling
Friend/Relative
Surrogate decision making is not valid if the patient has expressed disagreement about the treatment, even if the patient did not have capacity when expressing such disagreement.
***This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should contact an attorney to discuss your particular legal situation.***
Breaking Down the Myths and Misconceptions of Common Law Marriage
I’m sure you’ve heard a statement like this one before: “If you live with someone for seven years then you’re considered married.”
Well…that isn’t actually true.
In fact only 11 states and the District of Columbia still recognize common law marriage. Fewer and fewer states are recognizing common law marriage as it is a lot more difficult to prove than just simply living with someone for a certain period of time.
Disclaimer here: I can only specifically speak about the state of common law marriages in Maryland and the District of Columbia.
Maryland does not recognize common law marriage. In order to be married in the State of Maryland you must do it the "traditional" way. This includes obtaining a marriage license, having a marriage ceremony, and receiving a valid marriage certificate.
The District of Columbia does recognize common law marriage, but it isn’t easy to prove, especially if one person believes a common law marriage exists and the other person does not (this tends to be motivated by financial factors upon divorce).
In order to prove a common law marriage in the District of Columbia the following four factors need to be met:
No impediment to the marriage;
A present intent to be married to each other during the marriage;
Cohabitation; and
The parties hold themselves out as husband and wife in the community.
The second factor is the trickiest. A present intent to be married to each other during the marriage actually means that in the absence of an actual ceremony, during the marriage, the parties had to acknowledge a present intent to be married to each other, and not a future intent to be married (i.e. being engaged).
The lesson here is a simple one, if you live in the District of Columbia, it is much easier to just go ahead and get married with a license and a ceremony, because it’s going to cost you a lot more money to prove that you have a common law marriage then if you just have a marriage certificate upon divorce.
And just remember there’s no such thing as a common law divorce…
***This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should contact an attorney to discuss your particular legal situation.***
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