3433 Lithia Pinecrest Road
Valrico, FL 33596
representing clients in custody disputes
Among our trial consultant services, we offer assistance to attorneys in screening proposed evaluators who will conduct psychological testing in child custody cases. In particular, assistance can be provided in examining the practitioner's education, training, and experience in the specialty of forensic psychology and the sub-specialty of custodial fitness evaluation.
We are available to review reports prepared by other evaluators and to offer commentary concerning procedural matters; the selection of assessment instruments; the interpretation of assessment data; and the degree to which opinions expressed are or are not supported by the data presented. When raw data, contemporaneously taken notes, and documents considered by the evaluator are made available, an extensive analysis is possible.
Litigation support services – unfavorable report
If a review reveals deficiencies and if litigation support services are desired, assistance can be provided to attorneys in preparing for trial by proposing specific questions and general areas of inquiry for use in cross-examination of the evaluator and/or will assist attorneys at trial by listening to testimony and, on the basis of the testimony offered, suggesting questions for cross-examination.
If testimony is sought, expert testimony can be provided concerning deficiencies identified in the review of an evaluator's work.
Litigation support services – favorable report
An advisory report in which opinions offered are supportive of your client’s position does not assure a judicial decision favorable to the client. Some experts emerge unscathed from cross-examination; some do not. Several types of assistance can be provided.
- Aspects of the report that are likely to be the focus of cross-examination or likely to be the object of criticism by an opposing expert can be identified, so that pre-trial preparation can be more effectively targeted.
- Specific questions can be prepared and/or areas of inquiry can be described, enabling the attorney conducting the direct examination to elicit from the friendly expert information that will serve to clarify poorly articulated portions of the advisory report or supplement information that is deficient.
- Specific questions can be prepared that will enable the expert to explain the nexus between reported findings and criteria that have been statutorily specified or established as pertinent in case law.
- Assistance can be provided at trial, during the cross-examination of the friendly expert.
- Specific questions can be prepared for use in the cross-examination of an opposing expert.
- Assistance can be provided at trial, during the cross-examination of an opposing expert.
- If appropriate, testimony can be offered in support of the methodology used by the custody evaluator. Note that testimony in support of the evaluator's opinions and recommendations cannot be offered.
Copyright 2010 James R. Flens, Psy.D., ABPP: Custody Evaluator. All Rights Reserved.
Experienced Psychological Testing, Child Custody Help