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Which hat to wear?
Comparing the roles that psychologists play in family law litigation
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Dr. Garber's various potential roles,
their associated legal, ethical and
pragmatic rules and limits
can be confusing.


These distinctions are described here Read the associated role descriptions

This page has been created in an effort to summarize these
same distinctions graphically.

Contact Dr. Garber directly to discuss how he might best
contribute to your specific situation
in the best interests of the child.


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Learn about (forensic) court-related services
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When custody is disputed
Educating the court
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Go to valuable links
A Psychologist's Potential Roles
In Family Litigation

= generally true   Click here to learn more = click to learn more
? = varies by circumstance    3 = click number to read note at bottom

This table has been prepared in an effort to answer common questions. Each individual psychologist's practice will differ. Courts, insurance companies and even role definitions and associated practices will differ by the professional's guild association, state and jurisdiction. Use the left-hand column as a list of questions that you might ask the specific professionals in your situation.

Psychologist
as...
Child's therapist
Guardian
ad litem
Expert
witness
Custody
evaluator
Parenting
Coordinator
Co-parenting
Facilitator
Must be court appointed?



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The professional's goals probably include...
(definitions will vary by professional, court and jurisdiction)
Psychologist
as...

Child's
therapist
Guardian
ad litem
Expert
witness
Custody evaluator
Parenting Coordinator
Co-parenting facilitator
Inquire about your wishes?

Advocate for your wishes?
?
1
?
?
?
Advocate for the child's wishes?
?
?
?
?
?
?
Advocate for the best interests of the child?

 

 



 

 


Primarily
responsible to you?

2


 

 
Primarily responsible to the court?

2
 
   
3
Speak with
you?
   
4
     
Speak with your co-parent?

5

  ?
     
Speak with the
child?
 
6

4
  ?
?
Speak to your references?

  ?
  ?

Review past evaluations?
        ?
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The process probably involves ...
(the process will vary by professional, court and jurisdiction)
Psychologist
as...

Child's
therapist
Guardian
ad litem
Expert
Witness
Custody
evaluator
Parenting
Coordinator
Co-parenting
facilitator
Appointed
by the court?

?
 
   
Help you strategize in advance of court?




 


Confer
with GAL?

7

?
    ?
Write summary for court?

7
        ?
Appear
 in court?

7
      ?
?
Be deposed
for court?

7
?
    ?
Report concerns of abuse/neglect? 8
           
Recommend custody outcome?

  ?
 

Make binding decisions to serve the child's best interests?






 

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Regarding payment, costs and reimbursement
(details will vary by professional, court and jurisdiction)
Psychologist
as...

Child's
therapist
Guardian
ad litem
Expert
witness
Custody
evaluator
Parenting
coordinator
Co-parenting
facilitator
Require an
advance retainer?
?
        ?
Insurance reimbursable? 9
?




?
Paid
by you?
  ?




Paid
by court?


10




Costs deductibel from pre-tax health set-aside?

 





?

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Notes:

1. Dr. Garber will only advocate for the best interests of the child.
2. Yes, unless court appointed
3. Yes, IF court appointed
4. Each expert witness role is unique. In some instances, only conference with your attorney and review of records is advisable.
5. Read the NH Board of Mental Health Practice memorandum on this subject go to NH Board of Mental Health Practice
6. Required by law, see Go to CHAPTER Gal 500  ETHICAL STANDARDS AND STANDARDS OF PRACTICE
7. The relationship between the child's therapist and the GAL is a matter of controversy, but see this important Supreme Court ruling Read about the Berg ruling
8. Psychologists are mandated reporters under state law. Learn about mandated reporting laws
9. Typically, insurance will only reimburse for a health-related service, will require that an individual be identified as the "patient" and that that individual have a diagnosis. Read Dr. Garber's position on this subject Read about insurance reimbursement
10. The State olf NH will fund GAL services in some instances, but these funds must be paid back by parties over time. Learn more Learen about GAL funding