The major focus of a child custody evaluation is to assist a court in determining the Best Interests of the Child. One of the challenges facing Family Courts is that the best interests of the child is defined differently across jurisdictions. This has led to a “lack of consensus as to its meaning” (Kelly, 1999, p. 377). According to Zermatten (2010) “no one knows for certain what are the best interests of a child, or a group of children” (p. 485). Kelly (1999) notes that “because the concept of best interests is rarely defined but heavily relied on, experts, attorneys, court personnel, and parents … create their own meanings” (p. 378).
Kelly (1999) suggests that a child’s best interest should be defined as the “combination of factors a child needs in a custody and/or access arrangement that will sustain his or her adjustment and development” (p. 378). She further opines that “despite the changing family structure, whatever individual parental emotional and intellectual resources existed for the child should be sustained or maximized after separation” (Kelly, 1999, p. 378).
Other researchers have stressed the importance of neutrality when evaluating parents and their children for issues concerning custody and access (See Handbook of Child Custody). Forensic evaluators are often reminded in the literature and relevant case law of the Constitutional dimensions surrounding family civil rights (Karst, 1980) and a family’s right to “integrity” and “privacy” (Bohl, 1994). Parents and children have a substantive due process right to maintain close and continuing relationships with each other after the dissolution of the family (Alsager v. Polk County, 1975; Santosky v. Kramer, 1982). These rights are held in common between the children and their parents (See Family Relationships).