Understanding Brief Focused Assessments in Custody Cases

In contested custody cases, courts may order evaluations to assess the well-being of the child and determine custody arrangements. One such evaluation method gaining prominence is the Brief Focused Assessment (BFA). Let's delve into what BFAs entail, their purpose, and how they impact custody proceedings.

What is a Brief Focused Assessment?

A Brief Focused Assessment is a specialized evaluation method used in custody cases to gather targeted information about the family dynamics, parental capacities, and/or the child's needs. Unlike comprehensive psychological evaluations or custody evaluations, BFAs focus on specific issues or concerns raised by the court or the parties. These assessments are designed to be more efficient and cost-effective, providing timely insights without the extensive time commitment of traditional evaluations.

Purpose of Brief Focused Assessments:

The primary objective of BFAs is to provide the court or parties with relevant and actionable information to aid in custody decision-making. BFAs must have a referral question, meaning a specific BFA may explore issues such as allegations of abuse, substance misuse, parental alienation, or the child's particularized needs. By honing in on key areas of contention, BFAs streamline the evaluation process and help courts address pertinent concerns promptly and skip over less important factors. By way of example, if the appropriateness of each parent's home is not at issue, a home visit may not be conducted.

Process of Conducting a Brief Focused Assessment:

1. Initial Stage: The evaluator meets or speaks with the involved parties, and/or the attorneys, to discuss the purpose and scope of the assessment. They clarify expectations, gather background information, and identify the specific issues to address.

2. Data Collection: Through interviews, observations, and collateral information from relevant sources (e.g., therapists, teachers), the evaluator gathers pertinent data related to the identified issues. This phase may involve home visits, and reviewing documents, and is dependent on the issues being explored.

3. Analysis and Report Preparation: The evaluator synthesizes the collected information. They compile their findings into a concise report, outlining recommendations for custody arrangements or interventions as deemed necessary.

Benefits of Brief Focused Assessments:

1. Targeted Evaluation: BFAs focus on specific issues, avoiding the need for comprehensive assessments unless warranted, thus saving time and resources.

2. Timely Completion: By promptly addressing key concerns, BFAs expedite the custody process, reducing prolonged legal battles and minimizing the emotional strain on families.

3. Customized Recommendations: The focused nature of BFAs allows evaluators to tailor recommendations to address the unique disputes of each case, promoting child-centered outcomes.

4. Court Guidance: BFAs provide courts with valuable insights and expert opinions, aiding judges in making informed custody determinations based on empirical data and professional expertise.

Brief Focused Assessments serve as valuable tools. They may aid in settlement, or they may aid the judicial officer in determining the best interests of the child. If you are unsure whether a BFA may be right for your case give our office a call at 240.396.4373.

Can My Child Testify in My Custody Case?

In both Maryland and the District of Columbia, the Court looks at several factors to determine a custody arrangement in the best interests of the child. In both jurisdictions, the child’s preference is a factor, which is most relevant when the child is old enough and mature enough to state a thoughtful preference. There is no specific age at which a judge will consider a child’s preference; it is handled on a case-by-case basis.

Does this mean children testify in custody cases?

The short answer is generally, no, a child will not take the witness stand during a custody trial. Judges, practitioners, and experts generally agree that bringing the child into the middle of the conflict between the parties can emotionally impact the child. Further, children are susceptible to coaching and undue influence.

 What are other ways to show a child’s preference in a custody case?

There are other ways to introduce evidence of the child’s preference:

1. In camera interview: a judge may, in his or her discretion, decide to interview the child in private, upon either party’s request or the request of an attorney who has been appointed for the child. The interview will usually occur once, at the time of the trial, and can be recorded. If it is not recorded, the judge will place a summary on the record. The interview is therefore not confidential.

2. Custody Evaluation: an expert professional may conduct an investigation which can include interviewing the child, interviewing both parties, observing the child with each party, speaking with collateral witnesses, and reviewing documents such as medical/school records and party communications. After the investigation, the evaluator may submit a report to the court and may testify at the custody trial regarding his or her recommendation.

3. Child Advocate Attorney: A child advocate attorney advocates for the child’s wishes. A child advocate attorney treats the child in the same way they would treat an adult client, which means they must follow the client’s instructions. This form of representation is only appropriate for older children who are deemed to have considered judgment.

4. Best Interest Attorney/Guardian Ad Litem: A Best Interest Attorney (Maryland) or Guardian Ad Litem (D.C.) represents the child’s best interests. They are required to tell the court if the child has stated a preference, but ultimately can make recommendations in the child’s best interests which may be different than the child’s wishes.

5. Child Privilege Attorney: A child privilege attorney (“CPA”) has the limited function of determining whether a child’s confidential or privileged communications with his or her mental health professional should be waived. There exists a strong preference for preserving confidentiality. However, if privilege is waived, the privileged information may be made available to the court through records or permitting a mental health professional to testify. A child’s parent cannot waive the child’s privilege on the child’s behalf.

If you have any questions about introducing your child’s preference in a custody case, please contact Markham Law Firm at 240-396-4373 to setup a consultation.