The first option that you must exercise is to read the report. Do not rely on your attorney to convey the information to you. Read and understand the report. Most reports will contain a warning something similar to:

It is inappropriate to release this report directly to the patient/ parent/guardian/other parties. If this information is released to interested individuals before they are afforded an opportunity to discuss its meaning with a trained mental health professional it is likely the content of the report may be misunderstood leading to emotional distress on the part of the uninformed reader.

Read the report. Here is my warning:

It is malpractice not to release the information contained in the report directly to the client unless the client is a minor. If the information is not released then the client does not have an opportunity to understand, accept or dispute the facts and/or conclusions drawn therefrom then the client is effectively denied due process of law.

Read the report. More importantly, understand the report, the reasoning, objectivity (or lack thereof) and factual basis that underlies the professional’s conclusions. A fair, objective conclusion, based upon solid data, is one of the most important tools that the court and counsel have in deciding custody. However, bias hurts children. Psychologists have bias. Psychologists are human. Examine the examiner.

Let us assume that the psychologist drew a factual conclusion with which you disagree. You say that you were the primary parent for the child’s first two years of his life. The other parent says that they were the primary parent. The psychologist feels that the other parent was the primary parent. Each parent submitted letters from friends attesting to the fact that they were the primary parent. The psychologist believed the other parent. Without more, there is nothing that you can do to challenge the finding.

However, assume that additional records show that you took the child to the doctor, you stayed home from work when the child was sick, you arranged for day care, and you attended play dates with the child. The child talks about you teaching him the alphabet, you teaching him to ride the bike, etc. If the psychologist has considered these factors properly, but still conclude that the bonding indicates that the other parent was the primary parent, then you have, at best, an argument. But if the psychologist ignored the other data, then you have a case to challenge the factual finding.

Here is the point: If the opinion is well reasoned and backed up by data, even conflicting data, then the psychologist is entitled to his or her opinion. Conversely, if the opinion is not well reasoned then you should consider challenging the report.

This brings us to raw data. Raw data is the information that is obtained through testing. Raw data includes test answers, many times test questions, along with human and computerized test interpretations. It is the information that you rarely get to see, and it is the critical data that could decide your child’s future. Psychologists argue that attorneys misuse raw data. I am afraid that there are times when it is the psychologist who misuses the raw data.

            Take a look at how the raw data is protected by Maryland Law:

Except as otherwise provided . . . if the disclosure of a portion of a medical record relating to a psychological test would compromise the objectivity or fairness of the test or the testing process, a mental health care provider may not disclose that portion of the medical record to any person, including a subject of the test.

            This makes sense before the tests are given. It makes no sense after the tests are given. If the test has already been administered how could the objectivity be compromised? You cannot compromise the integrity of the test once it has been given. Therefore, this provision should not apply. Since there are no appellate cases in Maryland discussing this area of the law you will probably get different results depending upon the strength of the claim and judge hearing the issue.

            Most psychologist use a computer scoring service to score tests like the MMPI-II. The MMPI-II (Minnesota Multiphasic Personality Inventory) is a 567 true/false question examination the results of which can aid the psychologist in rendering his/her opinion. In addition, the MMPI-II can also reveal personality characteristics that support or negate a factual allegation. For example, one spouse may claim that the other party was overdramatic on many issues and had a history of unstable relationships. The MMPI-II can confirm or rebut this contention. Assume that the MMPI-II shows personality characteristics of instability and histrionics. The clinician should give this finding special attention and explain how this played into the final opinion. Regardless of how the clinician resolves this issue it should be addressed. Failure to address and resolve these issues points to bias or ineptitude.

            The problem is that the law does not allow for easy access to the raw data, clinicians refuse to give up the raw data, and most attorneys do not even ask for raw data. Have your attorney attempt to obtain the raw data.

            Bias and ineptitude come in may shapes, colors and forms. The addition of a child custody evaluator was once thought to be an oasis of fair play in child custody cases. However, the bias that plagued judges now appears to permeate the spectrum of services provided to custody litigants. We all are the product of our upbringing, environment and personal feelings. It is very difficult to leave this at the doorstep when you enter a decision making roll affecting children. A judge who committed adultery may tend to be more forgiving (and understanding) of a spouse who committed adultery. He or she may not fully understand the effect on the child or other spouse. Likewise, a judge who was hurt by adultery may be very harsh and not consider the parenting qualities of a parent guilty of adultery.

            While we cannot crawl into the mind of a judge to look at his or her notes, private thoughts and reasoning, we can, through raw data and the case file, crawl into the mind of a professional rendering an opinion. Raw data should be the foundation for a professional opinion. When purchasing a home you should check for structural soundness. Your children deserve the same.

Jerry Solomon*

Jerry Solomon is a Maryland divorce and child custody attorney who works with and represents clients with family law problems, including divorce, child custody and visitation. Jerry has practiced family law for over twenty-five years.

The first step in a child custody case is to evaluate your case. See Evaluate Your Maryland Child Custody Case: A Lawyer’s Perspective. Do you want to seek custody of your child(ren) if the other parent is better suited for custody? Regardless of the answer ask a follow up question – Do you want to be a significant part of your child’s life? Regardless of the answer to question one, question two is probably yes – or else you would not have done an internet search on child custody.

How do you best achieve your generalized goal – being a significant part of your child’s life? Assume that you work from 6:00 a.m. until 3:00 p.m. This is not a good schedule for a custodial parent, but it might be a great schedule for a visiting parent. You are available every day after school to watch the children. Your goal is narrowing and so are your choices.

Can you watch the children every day after school if you live forty five minutes from the school? Probably not because it is, at best, unfair to the children. However, you still want to maintain your goal of being a significant part of child’s life – only it has been modified and defined as daily contact. The solution is simple – you must move.

Contrast the above with someone who has not defined his or her goal and plays the custody card – they want custody! The problem is that they have probably not positioned themselves for daily contract. Did they move? The move would not have been necessary for custody, but imperative for daily contact.

Do not forget Commandment 10, arm your attorney, do not disarm him. This one is simple. Provide information to your attorney. Give him/her sufficient funds to litigate. Convey information to him or her. And do not get a DUI while driving to court.

Finally, examine Commandment 9, Put the Other Side at Risk. If the other side has nothing to lose then they will continue to litigate. If the other side does not have a soft spot maybe you should be looking to settle. Concentrate on your goals, and whether they are realistic. This is not easy, and falls more on you than your attorney. Then again, it is your case. Quiz your lawyer and find out if your lawyer knows your goals, how to get there, has given you guidance, and knows how to litigate your case.

Jerry Solomon*

Jerry Solomon is a Maryland divorce and child custody attorney who works with and represents clients with family law problems, including divorce, child custody and visitation. Jerry has practiced family law for over twenty-five years.

Review the Ten Commandments of Child Custody. Understand how these interact, particularly Commandments Six, Seven and Eight. Again review The Hidden Factors in a Maryland Custody Case: A Lawyer’s Prospective. Now you are ready to begin.

Start with historical data. Commandments Six and Seven. Who has been the primary parent throughout the child’s life? Who took the child to the doctor, picked the daycare, transported to and from daycare, stayed home when the child was sick, changed diapers, cooked, cleaned, bathed and gave the youngster guidance? Not easy, is it? Add on special factors for your own child(ren), including areas of education, religion, psychological, physical and other factors. If you provided all of the above exclusively then you are probably the prime candidate for either sole or primary physical child custody. If the child’s other parent provided the above then the child’s other parent is a prime candidate for sole or physical custody. However, if these parenting roles were shared, switched, or unstable, then go to step two.

Were these functions provided with stability? This is Commandment Seven. Were these tasks performed with consistency? As a

For each factor that you listed go back and rate yourself and the other parent. Do this honestly. Remember Commandments One, Two and Three? Now you will begin to understand how a court, attorney and evaluating psychologist may view your case. You will also begin to understand the unique relationship that you had with the other parent and how each of you can fit in to form a parenting team for your child, regardless of whether you are together or separated.

Next, look at proof. How can you prove your case? Is it a he said, she said, or are there collateral sources that can verify your contentions? Can you develop witnesses (there is a tendency, especially in marriage, to hide what is going on, so it is not uncommon to have few or no witnesses)?

Talk with your lawyer about your evaluation. Listen to your attorney’s input on the case. Your attorney should have an opinion on your chances of achieving your goals.

You should present your case to your lawyer even if you feel that the other parent should get custody. I have spoken to many parents who say that the other parent is a good parent, great parents, etc. The followup question I ask is does the other parent have any problems or shortcomings? I sometimes get the following response: “Not really, except for when he/she drinks.” The discussion continues: “Oh, how often does she drink?” “Well, we argued a lot about this but there is nothing that I can do.” “Oh, how often does she drink?” “She drinks every night, but only gets bombed on the weekends, but that does not matter because I am taking care of the children.” This presents interesting challenges as a lawyer, because I am faced with a whole new host of problems, including a client who does not necessarily know that their children may be in trouble.

Your children are the single greatest personal legacy that you have. Make sure that you give them the best start in life, whether that is stepping up to the plate, stepping back from the plate, or just plain compromise.

Jerry Solomon*

Jerry Solomon is a

Factors for a Maryland child custody are in black and white. However, Maryland judges who rule in a child custody case do not live in a black and white Pleasantville world, they live in a real world with a full spectrum of color. One judge may see Mrs. Smith a wearing a blue dress, while the judge across the hall may see Mrs. Smith in a yellow dress. So long as they are labeling it a dress, it can be a color of their own choosing, including green.

While judges bring the wisdom of life experience and law to the bench, they also bring their own parenting baggage to the bench. Judges who physically disciplines their children will not readily entertain a claim by one parent that physical discipline is improper in raising a child.

There are times when judge’s comments are comical. For example, one time a litigant presented an image of a totally dysfunctional family with very little pleasant family time. At the close of the case the judge, in giving the dysfunctional parent custody, commented that he found nothing wrong with that family unit, in fact “it appears to function better than my own family!”

The legal child custody factors in Maryland are in black and white. Color them to influence the judge. For example, suppose that your wife is living with another man and you feel that this is harmful to the children. You probably do not want to emphasize this to the judge if the judge’s daughter is also separated from her husband and living with somebody else. Since you will probably not know your judge until the day of trial you will not be able to determine how much this impacts your case until you get to court.

In evaluating your case add the following words to the facts in your case – “and this is important because . . .” Fox example, let us assume that your spouse smokes. Does smoking disqualify someone as a parent? The judge may smoke (and yes, I remember appearing before a pregnant judge smoking in her chambers in violation of a county ordinance prohibiting smoking in the courthouse). Compare with (if true) my spouse smokes and this is important because she/he smokes around the child who is allergic to smoke and suffers from asthma.

When a judge hears a criminal case he/she is generally not a criminal. When a judge hears a breach of contract case he/she is generally not a party to a contract that has been breached. But when a judge hears a family law matter the judge is also a part of a family subject to all of the emotions, joys and concerns. Judges are not immune from good and bad parenting or good and bad life experiences. They carry this information into the courtroom and into their decisions.  Remember this when presenting your case.

Jerry Solomon*

Jerry Solomon is a Maryland divorce and child custody attorney who has practiced family law for over twenty five years.