Article Review: Ethical and Professional Considerations in Divorce and Child Custody
Zimmerman, J., et al., (2009). Ethical and professional considerations in divorce and child custody cases. Professional Psychology: Research and Practice, 40(6), 539-549.
Divorce and child custody cases can be volatile, thus leading to complaints against the psychologist. The psychologist must be aware of legal and ethical issues that will assure the psychologist is following appropriate practice, as well as, having the appropriate knowledge, education, training, experience, and skills. The most important principle to remember is to keep within one’s role and not be tempted (or pushed by a client, attorney, or judge) to make statements beyond the confines of that role. Standards 3.05 (a) and (c), Multiple Relationships, of the APA Ethics Code (APA, 2002) are pertinent to this issue. Standard 3.05 (a) applies to a psychologist taking one professional role with a person (e.g., custody evaluator) and at the same time, or in the future, entering into another role with that person (e.g., individual psychotherapist). Standard 3.05 (c) relates to a requirement by law (e.g., a judge who asks for a custody recommendation from a parent’s psychotherapist) that asks the psychologist to serve in more than one role in a judicial proceeding. In custody cases, it is important to give the child a voice and not deem which parent may be a better parent. Psychologists should serve the role of helping the system consider the various options that are appropriate for the child. Psychologists should also remember to never give legal advice and practice within the scope of their profession. However, the psychologist needs to be competent with laws to perform best practice, including state laws about authorization of child treatment by way of custody.
