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Help with biased psychologist in custody case

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WhenWillItEnd

Junior Member
What is the name of your state (only U.S. law)? VIRGINIA

I need advice. Custody situation ongoing for 4 years.

I have serious concerns about an expert designation received recently.
My childrenÂ’s other parent has been very controlling and manipulative for a number of years.
The cause of all of the controversy is the other parentÂ’s complete unwillingness to co-parent, and need to control the lives of the children and continue to receive as much child support as possible to maintain their pre-divorce standard of living. Other parent maintains hatred for myself, and will stop at nothing to portray a narrative beneficial to themself.

Psychologist report appears to support a pre-determined opinion, rather than to objectively present results of testing and interviews.
There are a number of concerning items that lead me to believe this, including:

• The psychologist committed to completing the evaluation within 1 month, but took over 3 months.
• Psychologist only interviewed 1 collateral source (hostile to me) despite 20 collaterals given between 2 parties
• Hostile collateral has not been in my presence, observed me, or even spoken to me in approx. 4 years. Other collaterals with intimate and current knowledge were not contacted.
• Psychologist states tests do not meet criteria for certain disorders, yet offers opinion that there are concerning traits that were observed (appears out of scope. Giving opinion on things the tests do not confirm).
• Psychologist predicts I may have limited motivation to pursue and remain in counseling. (can an individual predict the future? Why is counseling needed if I do not meet criteria on tests)
• Psychologist mentioned my interaction with her was overly familiar (and says this is unusual) yet says my response style to tests was defensive. These two appear to be a contradiction
• Psychologist makes an assumption that is contrary to what was discussed in interview. States “Despite initial denial, interview data suggests x, y, z.” Psychologist then goes on to state what was “inferred” rather than what was stated. If this logic is acceptable, this individual has a “license to kill” – completely unchecked ability to accuse and wield power illegitimately.
• Psychologist refers to interview discussions as ‘dataÂ’ -- (My take: Data is inherently empirical and to use “data” to describe subjective observations is flawed).
• Psychologist states I lack insight into difficulties and see problems as external to myself and caused by others, despite never directly addressing/discussing drivers of problems. Had such discussions occurred, I would have had the opportunity to address my responsibility. Since they didn't, an illegitimate assumption was made.
• Psychologist references my emails to other party as validation for opinion, but did not discuss with me what those emails were or the circumstances surrounding said emails. As such, I contented psychologist has a singular point of view mirroring that of the opposing party, without the opportunity to understand the full dynamic or opposing partyÂ’s communication with me.
• Psychologist recommends no contact between parties. (Other parent has completely cut contact and fabricated controversy in an attempt to maintain control. Psychologist just goes along with the false narrative).
• Psychologist recommends parental coordination but states it will not be beneficial until after I receive counseling (other parentÂ’s complete unwillingness to co-parent is the single cause of conflict. Psychologist only serves to compound current problems).

What is my next step?
What should I do?
 


adjusterjack

Senior Member
The psychologist is biased because the report didn't go your way.

That's no surprise.

If you want to challenge the report in court you hire a lawyer and your own psychologist.
 

WhenWillItEnd

Junior Member
Do the circumstances outlined indicate a concern for bias?

The psychologist is biased because the report didn't go your way.

That's no surprise.

If you want to challenge the report in court you hire a lawyer and your own psychologist.

I understand people expecting a things to go their way, but I outlined the reasons why I feel that this was not conducted appropriately.
Do those appear to be legitimate causes of concern?
How might a court look upon those concerns -- specifically as it relates to legitimacy of expert designation?
 

Zigner

Senior Member, Non-Attorney
I understand people expecting a things to go their way, but I outlined the reasons why I feel that this was not conducted appropriately.
Do those appear to be legitimate causes of concern?
How might a court look upon those concerns -- specifically as it relates to legitimacy of expert designation?

I know you didn't like the answer you received previously, so let's just distill it down to your only option: "If you want to challenge the report in court you hire a lawyer and your own psychologist."

That really is the answer.


ETA: In dealing why my childrens' educational needs, I've dealt with easily over a dozen psychologists. Some were great and some just phoned it in. I can tell you that the ONLY way to challenge a psychologist's report is with another psychologist who can give a more compelling report.
 
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CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? VIRGINIA

I need advice. Custody situation ongoing for 4 years.

I have serious concerns about an expert designation received recently.
My childrenÂ’s other parent has been very controlling and manipulative for a number of years.
The cause of all of the controversy is the other parentÂ’s complete unwillingness to co-parent, and need to control the lives of the children and continue to receive as much child support as possible to maintain their pre-divorce standard of living. Other parent maintains hatred for myself, and will stop at nothing to portray a narrative beneficial to themself.

Psychologist report appears to support a pre-determined opinion, rather than to objectively present results of testing and interviews.
There are a number of concerning items that lead me to believe this, including:

• The psychologist committed to completing the evaluation within 1 month, but took over 3 months.
• Psychologist only interviewed 1 collateral source (hostile to me) despite 20 collaterals given between 2 parties
• Hostile collateral has not been in my presence, observed me, or even spoken to me in approx. 4 years. Other collaterals with intimate and current knowledge were not contacted.
• Psychologist states tests do not meet criteria for certain disorders, yet offers opinion that there are concerning traits that were observed (appears out of scope. Giving opinion on things the tests do not confirm).
• Psychologist predicts I may have limited motivation to pursue and remain in counseling. (can an individual predict the future? Why is counseling needed if I do not meet criteria on tests)
• Psychologist mentioned my interaction with her was overly familiar (and says this is unusual) yet says my response style to tests was defensive. These two appear to be a contradiction
• Psychologist makes an assumption that is contrary to what was discussed in interview. States “Despite initial denial, interview data suggests x, y, z.” Psychologist then goes on to state what was “inferred” rather than what was stated. If this logic is acceptable, this individual has a “license to kill” – completely unchecked ability to accuse and wield power illegitimately.
• Psychologist refers to interview discussions as ‘dataÂ’ -- (My take: Data is inherently empirical and to use “data” to describe subjective observations is flawed).
• Psychologist states I lack insight into difficulties and see problems as external to myself and caused by others, despite never directly addressing/discussing drivers of problems. Had such discussions occurred, I would have had the opportunity to address my responsibility. Since they didn't, an illegitimate assumption was made.
• Psychologist references my emails to other party as validation for opinion, but did not discuss with me what those emails were or the circumstances surrounding said emails. As such, I contented psychologist has a singular point of view mirroring that of the opposing party, without the opportunity to understand the full dynamic or opposing partyÂ’s communication with me.
• Psychologist recommends no contact between parties. (Other parent has completely cut contact and fabricated controversy in an attempt to maintain control. Psychologist just goes along with the false narrative).
• Psychologist recommends parental coordination but states it will not be beneficial until after I receive counseling (other parentÂ’s complete unwillingness to co-parent is the single cause of conflict. Psychologist only serves to compound current problems).

What is my next step?
What should I do?

You hire an attorney. You cannot afford to not hire an attorney. That is the only way you'll even have a shot at attacking the report line-by-line; you also have the option of paying for an independent evaluation yourself. It will be expensive, and it may ultimately fail. I will be brutally honest here. I'm a third party with no dog in this fight, and yet I can understand how you could be perceived as being rigid and uncompromising.

But let's back up a little bit first. What is the current custody situation, and what led up to where you are today? What are your custody goals?
 

Zigner

Senior Member, Non-Attorney
After reading the OP a second (and third) time, it really does seem that the OP will only be happy when everything is done according to HIS requirements.
 

WhenWillItEnd

Junior Member
Response to CTU

You hire an attorney. You cannot afford to not hire an attorney. That is the only way you'll even have a shot at attacking the report line-by-line; you also have the option of paying for an independent evaluation yourself. It will be expensive, and it may ultimately fail. I will be brutally honest here. I'm a third party with no dog in this fight, and yet I can understand how you could be perceived as being rigid and uncompromising.

But let's back up a little bit first. What is the current custody situation, and what led up to where you are today? What are your custody goals?

--------------------------------

Thanks for the response. Appreciate your candor.

The situation is this:
4 years go ex partner was caught in the act with another person.
I wound up in jail.
Ex refused to pay bond, obtained emergency custody, sole use of house.
I paid for everything.
Approx 8 months before this, ex took a 50% pay cut, from approx $145k per year to approx $70k per year.
I was forced to pay $2500/month in support, and half of the house despite having to pay for my own living expenses --
Ex received approx $3400/month for the first year
Ex refused to sell house when ex didn't get approved
I continued to pay because court ordered
Finally ex was approved.
Ex continued to give the children to third parties and keep away from me to keep child support and not impact custody.
Ex settled before going to court 2 years ago to give me slightly more time with children.
Ex now contends ex is fearful and alleges all sorts of domestic violence, etc. since we've had a change in circumstances and I have filed to address custody again. I have only minimally been in the presence of ex since the separation, and only in public settings. All allegations made by ex are at least 7-10 years old.
Ex's pattern of behavior immediately changed; ex now insists no contact (a complete break in the pattern of our involvement for the previous 2 years)
Ex has moved a new significant other into the house and tells children this is their parent
Ex restricts my phone calls/access to children, while facilitating new person's involvement
Ex has kept the children out of school without notifying me
Ex uses "final decision making authority" as a weapon; refusing to even coordinate things with me
Ex only communicates me in a "check the box" manner about things that are insignificant, i.e. "form for school to be signed" but when real decisions are to be made, I am not consulted at all.
Ex has threatened to call the police if i come to children's birthday parties
Ex lies in court orders through attorneys; recorded interactions prove this
Ex insists on absolute control and creates controversy to maintain this.
Ex refuses to allow children to be in counseling.

All I want is to be an equal parent. We made the children equally, we should parent equally.
It seems pretty clear.
If I am rigid in anything, it's that for 4 years the system has failed me and I deserve my children equally.

In 4 years i've spent over $250K in lawyers and child support.
I have an attorney now.
Not sure I am seeing any results from any of this.
 
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Zigner

Senior Member, Non-Attorney
--------------------------------

Thanks for the response. Appreciate your candor.

The situation is this:
4 years go ex partner was caught in the act with another person.
I wound up in jail.
Ex refused to pay bond, obtained emergency custody, sole use of house.
I paid for everything.
Approx 8 months before this, ex took a 50% pay cut, from approx $145k per year to approx $70k per year.
I was forced to pay $2500/month in support, and half of the house despite having to pay for my own living expenses --
Ex received approx $3400/month for the first year
Ex refused to sell house when ex didn't get approved
I continued to pay because court ordered
Finally ex was approved.
Ex continued to give the children to third parties and keep away from me to keep child support and not impact custody.
Ex settled before going to court 2 years ago to give me slightly more time with children.
Ex now contends ex is fearful and alleges all sorts of domestic violence, etc. since we've had a change in circumstances and I have filed to address custody again. I have only minimally been in the presence of ex since the separation, and only in public settings. All allegations made by ex are at least 7-10 years old.
Ex's pattern of behavior immediately changed; ex now insists no contact (a complete break in the pattern of our involvement for the previous 2 years)
Ex has moved a new significant other into the house and tells children this is their parent
Ex restricts my phone calls/access to children, while facilitating new person's involvement
Ex has kept the children out of school without notifying me
Ex uses "final decision making authority" as a weapon; refusing to even coordinate things with me
Ex only communicates me in a "check the box" manner about things that are insignificant, i.e. "form for school to be signed" but when real decisions are to be made, I am not consulted at all.
Ex has threatened to call the police if i come to children's birthday parties
Ex lies in court orders through attorneys; recorded interactions prove this
Ex insists on absolute control and creates controversy to maintain this.
Ex refuses to allow children to be in counseling.

All I want is to be an equal parent. We made the children equally, we should parent equally.
It seems pretty clear.
If I am rigid in anything, it's that for 4 years the system has failed me and I deserve my children equally.

This is ALL irrelevant to your question.
 

WhenWillItEnd

Junior Member
Ditto this. The bullet that particularly stuck out to me was:

I am a strong willed person. I don't deny this - yet there is a right and a wrong here.
I feel like the psychologist made statements based on form rather than substance.
Other parent appears nice. Other parent plays nice.
Maybe I am a bull in a china shop, but approach is not substance.
I've been taken for a ride by ex and a flawed system.
I don't believe I deserve to be judged by my frustration.
Psychologists shouldn't go to school for years and then accept money for pointing out "outward appearances"
 

WhenWillItEnd

Junior Member
Sorry, this was for CTU - i'm adding content

This is ALL irrelevant to your question.


This is the "background"
I currently have every other weekend, a few weeknight visitations, and some summer time.
I moved to within 3 miles of the children.
I would like 50/50 custody, alternating weeks.
I am capable of caring for them, getting them to school, activities, etc.
 

Zigner

Senior Member, Non-Attorney
This is the "background"
I currently have every other weekend, a few weeknight visitations, and some summer time.
I moved to within 3 miles of the children.
I would like 50/50 custody, alternating weeks.
I am capable of caring for them, getting them to school, activities, etc.

REALLY, your question relates to how to challenge the psychologist's report. Your question was answered. There's NOTHING else you can gain by continuing to post here. In fact, your INSISTENCE that we give you some sort of validation points to your controlling nature.
 

not2cleverRed

Obvious Observer
I understand people expecting a things to go their way, but I outlined the reasons why I feel that this was not conducted appropriately.
Do those appear to be legitimate causes of concern?
How might a court look upon those concerns -- specifically as it relates to legitimacy of expert designation?

No.

Your feelings and opinions have no weight.

The way to fight this is with your own professional(s), as previously stated.

Further advice: sometimes you have to give a little to get a little. We don't know how valid your depiction of the situation might be but... 1) Why not follow the recommendation on contact, or at least limit to something like Our Family Wizard - that way, everyone can review what's actually been communicated. 2) Just get the counseling. Makes you come across as attempting to jump hoops, and who knows, maybe it'll help you too.

P.S. Am unimpressed by your later post. How did you end up in jail? I suspect it was because you became violent when you caught her in the act. You have to work on presenting yourself in a less bitter and possessive way. Stop dissing your ex and start looking in the mirror.
 

WhenWillItEnd

Junior Member
REALLY, your question relates to how to challenge the psychologist's report. Your question was answered. There's NOTHING else you can gain by continuing to post here. In fact, your INSISTENCE that we give you some sort of validation points to your controlling nature.

So I give a response to CTU.
Then you point out it's irrelevant -- so i clarify to answer the questions from CTU that I previously missed.

And because I answered someone and then clarified, you accuse me of being controlling?

Your latest response is absurd.
If you don't want to engage, feel free to ignore.
 

WhenWillItEnd

Junior Member
Response to Red

No.

Your feelings and opinions have no weight.

The way to fight this is with your own professional(s), as previously stated.

Further advice: sometimes you have to give a little to get a little. We don't know how valid your depiction of the situation might be but... 1) Why not follow the recommendation on contact, or at least limit to something like Our Family Wizard - that way, everyone can review what's actually been communicated. 2) Just get the counseling. Makes you come across as attempting to jump hoops, and who knows, maybe it'll help you too.

P.S. Am unimpressed by your later post. How did you end up in jail? I suspect it was because you became violent when you caught her in the act. You have to work on presenting yourself in a less bitter and possessive way. Stop dissing your ex and start looking in the mirror.

I called my ex's father and told him what i caught my ex doing.
My ex would not speak to father, so father called police.
When police arrived, ex lied and alleged physical confrontation.
All charges later dropped, but damage was already done.

Red - serious question - what do i have to give to receive? I already have very very limited time, no voice in my children's lives, etc.
What could i possibly look to give?

Thank you for the Our Family Wizard tip. I'm going to attempt to use it. This could be very helpful.
 
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