An attorney's approach to psychiatrists in custody cases.
نویسنده
چکیده
The contested custody case has in common with any other case that it is a search for the truth through the medium of the courts. Many modern thinkers believe that the courts are not the proper arena for discovering the truth in all cases. Increasingly, there is agitation to remove areas of testimony from the courts, placing them perhaps in the hands of some commission appointed by government. So far, this has not happened in the area of child custody, and we still have the courtroom technique of examination and cross-examination, with a final decision by a judge on the basic subject of truth, that is, what is the best interest of the child. The attorney can learn from the doctor in this process, and I think the doctor can learn from the courts. I hope the day will come when no psychiatrist will ever say that he is too busy to take the patient's case if it is likely to involve him in legal controversy. I hope the time will come when no psychiatrist will say that he will not become involved with a case unless he can do so as an appointee of the court as opposed to a doctor employed by one of the parties. I hope the doctor will look forward to providing testimony and that some of the thoughts expressed in this discussion will make his day in court a better experience for him.
منابع مشابه
Purpose and utility of child custody evaluations: the attorney's perspective.
This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals. Fifty-nine attorneys completed an anonymous survey designed to ascertain their opinions about: (1) what factors prompt a custody evaluation, (2) expectations regarding evaluation procedures, (3) the utility of the resultant ...
متن کاملPeer review of psychiatric expert testimony. American Psychiatric Association's Council on Psychiatry and Law.
Among the most visible and controversial functions of psychiatrists has been their service as expert witnesses for the courts. Psychiatric testimony is called upon in a vast array of cases. In civil law, these include disputes over the capacities of persons to contract, write a will, or manage their affairs; suits alleging emotional harms as the result of tortious acts; and claims of malpractic...
متن کاملHow Do We Know Custody Courts Are Sending Children to Live with Abusers? Ten Ways to Know the Custody Court System Is Broken
Mothers and domestic violence advocates have been complaining for many years about problems in the custody court system that have resulted in large numbers of children being sent to live with abusive fathers while safe, protective mothers are denied any meaningful relationship with their children. Courts have tended to dismiss the complaints by referring to the mothers as “disgruntled litigants...
متن کاملReview of the Neurological Diseases Status in Obstacles of the Custody (Article 1173 of Civil Law)
The right of custody is one of the important issues of private law which has been studied in a variety of aspects. The Iranian legislator has stated that one of the examples of lack of child care is the involvement of parents in "mental disorder" under Article 1173 of the Civil Low and has not expressed anything about neurological disorders. While mental and neurological disorder they have diff...
متن کاملCustodial evaluations of Native American families: implications for forensic psychiatrists.
Native American children in the United States have been adopted by non-Indian families at rates that threaten the preservation of their Indian history, traditions, and culture. The Indian Child Welfare Act (ICWA), which established restrictive parameters that govern the placement of Native American children into foster care and adoptive homes, was ratified in an effort to keep American Indian f...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 4 2 شماره
صفحات -
تاریخ انتشار 1976