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WARNING! NOTHING ON THIS SITE IS MEANT TO BE LEGAL ADVICE! You should do your homework, calm down, assess the situation, then and only then hire a competent attorney to represent you. GWINNETT COUNTY DOES NOT LIKE PRO-SE LITIGANTS!  

The Goal of this website is to Reduce litigation, Increase mediation , Eliminate the Guardian Ad Litem  from private custody cases and Help facilitate workable joint physical and legal custody arrangements so the child may benefit from  the love, direction and decision making capabilities of both parents.

 

We believe that given the choice between the appointment of a GAL and a psychological evaluation the latter would be the better choice. However, the evaluation could cost up to $15,000 for all family members and the decision could be based on an arbitrary set of criteria purported to be of an objective nature.

We have seen a Gwinnett County case in which the psychologist proffered a specious custody recommendation. The Defendant found out that the psychologist was the friend/neighbor of the Plaintiff. 

It should be noted that in a criminal investigation the defendant is presumed to innocent until proven guilty. In a GAL investigation, psychological evaluation, or trial the parent must prove his fitness to retain custody. Until the divorce, the parents were considered by all to be fit. Georgia case law and Appeals Court Judges may seem to favor joint custody but the lower court Judges do not.

 DOES THIS SEEM RIGHT TO YOU?

 

Guidelines for Child Custody Evaluations in Divorce Proceedings

Decisions regarding child custody and other parenting arrangements occur within several different legal contexts, including parental divorce, guardianship, neglect or abuse proceedings, and termination of parental rights. The following guidelines were developed for psychologists conducting child custody evaluation, specifically within the context of parental divorce. These guidelines build upon the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct ( APA, 1992 ) and are aspirational in intent. As guidelines, they are not intended to be either mandatory or exhaustive. The goal of the guidelines is to promote proficiency in using psychological expertise in conducting child custody evaluations. 

Parental divorce requires a restructuring of parental rights and responsibilities READ MORE OF THIS ARTICLE 


 

  Psychological Tests With Children in Custody 

Evaluations and much more information

 

Listing of Psychologist in Atlanta

 

 

         THE SUPERIOR COURT OF GWINNETT        GA\

STATE OF GEORGIA                          f

CIVIL ACTION

CAROLYN ,                      

Plaintiff,

FILE NO: 06-A- 07089798.

WILLIAM

, Defendant.

DEFENDANT'S MOTION FOR A PSYCHOLOGICAL EVALUATION

COMES NOW the Defendant William , and acting by and through his Counsel of Record, hereby files this his Motion for a Psychological Evaluation, and respectfully shows this Court as follows:

1.

This action has been pending in Division 6 of the Superior Court of Gwinnett County since July 27, 2008, though the Defendant was not served with Service of Civil Summons of Process by a Deputy Sheriff of Gwinnett County until August 17, 2008.

2.

The Defendant shows that the parties' minor child has been emotionally abused and psychologically abused by the Plaintiff/Mother Carolyn , on visitation occurring since late December 2006, through the present date.

3.

The Defendant shows that the concerns of the Defendant were not investigated to any degree by the Guardian Ad Litem appointed in this case in September 2008, all by an Order of the Court, through December 2008.

 

4.

This action is scheduled for a Final Hearing on a Bench Trial on January 3, 2008, and is in no way ready for a final hearing.

5.

The Defendant shows that he has filed an attendant Motion for Continuance on the following primary grounds:

(a)      For a full investigation by the Guardian Ad Litem before a final recommendation is
made to the Court;

(b)     For adequate preparation time for Defendant's current Counsel coming on to the case
as of the week of December 26-29, 2008, and in no way being prepared or ready for a final
hearing on January 3, 2007;

(c)     That issues as shown in this Motion need to be fully addressed before this Court;

(d)     That the Defendant's Counsel of Record had filed in late September, 2008, a Leave of
Absence with the Georgia Trial Courts for December 27, 2008 through January 3, 2009.

6.

The Defendant shows that this Court should Order a Psychological Evaluation of the parties including their minor child and such an evaluation will assist the Court on the issues of Custody and Visitation in this case.

WHEREFORE, the Defendant moves that the Court appoint a Psychologist to be the Evaluator in this action on the issues of custody and visitation by the parties with their young

minor child William ., who is presently eight (8) years of age, and for such other and further relief as the Court deems just and equitable under the circumstances.

of December, 2008.

 

 

                                                                                        ORDER

Below is a sample order to appoint a psychologist. This case was very difficult so after the GAL charged for $2700 she recommended someone else take the case and the judge ordered the same.

 

 

IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA

CALVINv.

Plaintiff,

CIVIL ACTION FILE NO.

SUSAN  Defendant.

CONSENT ORDER FOR PSYCHOLOGICAL CUSTODY VALUATION

WHEREAS, the parties to the above-styled action have both raised the issue of custody of the parties' two minor children; and

WHEREAS, a guardian ad litem previously was appointed by this Court

and

WHEREAS, the guardian ad litem suggested that both parties submit to

psychological evaluations for purposes of determining what custody arrangement is in the best interest of the minor children; and

WHEREAS, the parties having consented to the terms contained herein

It is hereby ORDERED: In lieu of the guardian ad litem conducting any further investigation, MichaeL |, Psy. D (hereinafter, "Doctor"), located at   Suwanee Dam Road, Suite Suwanee, Georgia 30024  is Appointed by this Court to provide psychological evaluations of the parties and the minor children and to conduct a full psychological custody evaluation in connection with the above-styled action. Each party shall cooperate fully with the Doctor and call within five (5) days of the date of this Order to schedule appointments for such evaluations as the Doctor deems necessary.

The Doctor shall be authorized to contact any and all psychologists, psychiatrists, therapists, medical doctors, counselors, drug dependency treatment centers, and/or methadone clinics that have consulted with or treated either party individually or jointly or have treated the minor children. Those providers include, but are not limited to, 4MMMB/ M.D., Comprehensive Psychiatric Care, Peachford Hospital, North Fulton Treatment Center, Northeast Georgia Medical Center XXXX M.D., Laurelwood Hospital, GPA Treatment Center, Lanier Treatment Center, Northside Hospital - Forsyth, Gwinnett Medical Center, XXXX M.D., and North Fulton Medical Center. The Doctor shall be entitled to obtain from the parties' medical, mental health, 01 other providers a report and/or copies of records as to any diagnosis, prognosis, and treatment. As to any privileged communications that either party may have had with any psychologist, psychiatrist, therapist, medical doctor, or counselor, both parties, by their consent to the entry of this Order, authorize any and all such providers to discuss their communications, observations, and services provided to the party with the Doctor and to provide a copy of their files to the Doctor. Each party hereby waives for himself and herself any privilege of confidentiality with respect to any psychologist, psychiatrist, therapist, medical doctor, and/or counselor who presently attends to such party or who has provided care, treatment, or counseling in the past. This release is granted to the Doctor only.

Counsel for both parties may present any information or materials to the Doctor that they deem pertinent to the evaluation. The Doctor shall have the right to obtain all files and records from the police, sheriff, DFACS, or any other entity (except the parties' legal counsel) that has investigated and/or prepared reports on matters associated with the children and the family. The Doctor shall

have the right to obtain records from elementary School. The Doctor

shall have the right to order the parties to be tested for specific prescription drug use and/or illegal drug use.

Upon completion of the evaluation, the Doctor shall submit a written report to the Court and to the attorneys for both parties. Said written report shall include a review of his contact with the parties, children, and other witnesses; a description of any testing conducted; the results thereof; a list of the materials reviewed and considered as part of the evaluation; and the Doctor's evaluation of the parties and the minor children. The Doctor shall also include in his report a

recommendation as to the physical and legal custody of the minor children, the grounds for the recommendation, the conditions regarding visitation or secondary physical custody, and any other suggestions which he deems necessary to discern the best interests of the minor children concerning their custody and future contact with their parents.

The Doctor shall endeavor to complete his evaluation within the next sixty(60) days. The above-captioned case will not be set down on a trial calendar during the next sixty (60) days and while the Doctor is conducting his investigation. If warranted, the parties may seek temporary relief during this period.

The cost of the Doctor shall be born by each party equally.

SO ORDERED this    day of               , 2008.

Prepared and Consented to on behalf of Plaintiff by:

, Judge Superior Court of Gwinnett County

 

 

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