10 Things to Discuss with Your Attorney

Sometimes the court will choose the evaluator, and sometimes the court will allow the parties or attorneys to choose or have input regarding which psychologist will perform the evaluation. In that case, here are 10 important things to discuss with your attorney:

How much will the psychological evaluation cost?
Who will pay for the psychological evaluation?
Does this expert generally prepare a written report? If so, does the expert generally prepare the report on time, or request multiple extensions of time to prepare the report? If you don’t want your case to drag on, is this the expert for you?
When this expert prepares a report, does he or she generally make a recommendation to the court, or avoid making a recommendation to the court?
What does this expert charge for his or her time in depositions, and for court time? Is it a higher hourly rate or an expensive flat fee? If your case goes to trial, you will probably need this expert to come to court. Can you afford to pay for that?
Has your attorney worked with this psychologist before? If so, what were your attorney’s impression of his or her work?
In your attorney’s experience, does this psychologist generally make a recommendation which favors mothers? Or Fathers? If your attorney’s experience is that a particular psychologist almost always recommends one parent over the other, and that parent is not you, you should discuss your concerns with your attorney.
If need be, will the psychologist participate in depositions and testify in court? Believe it or not, some psychologists who will perform custody evaluations do NOT want to give a deposition or go to court in any way, shape or form. Although they can be compelled to do so, discuss with your attorney why you would voluntarily agree to hire an unwilling expert.
Is the expert willing to supply his information, notes, etc. in response to a subpoena, to the extent permissible by law? Does your attorney know if the expert has redacted information or notes when his or her records were subpoenaed? If so, why? Was there a legal basis for doing so, or was the expert trying to hide something that should be discoverable?
What is the expert’s working relationship with the guardian ad litem? Does your guardian ad litem always suggest this expert? If so, why? Does the expert have discussions with the guardian ad litem that he or she does not have or disclose to your attorney?
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