The psychological best interest of the child is not the legal best interest.

The “best interests of the child” is the legal standard in custody disputes. It is also the mental health standard. One gets the impression that the court’s job is to implement the recommendations of the experts, but the principle is not the same in law and mental health. The psychiatric expert is limited to determining the psychological best interest; the court considers additional factors in its determination. A psychiatrist was testifying in a custody hearing. During the course of direct examination, the doctor stated that psychological parents should always retain custody when the biological parents have been long absent. On cross-examination, the biological mother’s attorney asked: