Child Custody Evaluation or Brief Focused Assessment (BFA)?

Comprehensive child custody evaluations can be expensive and time-consuming for families and custody courts. Focused issue evaluations—often called Brief Focused Assessments (BFAs)—can serve as a viable alternative.

In this article, we'll cover how child custody evaluations differ from BFAs and when family courts use Brief Focused Assessments over child custody evaluations.

What is a Child Custody Evaluation?

Child custody evaluations are comprehensive assessments examining a family's dynamics and the children's best interests in custody disputes.

Family courts often mandate child custody evaluations in high-conflict cases when the court needs a thorough picture to make decisions on custody and visitation arrangements.

Child custody evaluations can involve in-depth interviews, psychological testing, and observations of parent-child interactions. The data is then compiled into a detailed report that outlines the evaluator's findings and recommendations.

Such comprehensive evaluations are crucial in cases involving high parental conflict and concerns about the child's well-being. However, many legal experts have voiced concerns that the extensive nature of these evaluations causes delays in court proceedings and increased costs.

What is a Brief Focused Assessment?

In 2007, members of the Association of Family and Conciliation Courts (AFCC) assigned the term "Brief Focused Assessment" to refer to the "assessment of narrowly defined, issue-specific questions that arise in family court settings."

AFCC published its Guidelines for Brief Focused Assessment in 2009. Unlike the comprehensive child custody evaluation, Brief Focused Assessments are designed to address specific, narrowly defined issues within a family law case.

BFAs require specific referral questions a judicial officer identifies, allowing for targeted assessments that align with the court's needs. The assessments are generally faster and less resource-intensive than comprehensive evaluations.

Because BFAs take a more focused approach that emphasizes relevant information tailored to the referral questions, mental health professionals can make informed recommendations based on specific circumstances rather than broad generalizations.

Of course, there are some cases where BFAs are not recommended.

For example, BFAs are not recommended for cases requiring an assessment of the parent-child relationship, parenting time recommendations, or cases involving child abuse or neglect, intimate partner violence (IPV), parent-child contact problems, relocation, or high conflict dynamics.

How Brief-Focused Assessments Work

Before a BFA can begin, a court order must specify the referral question and the assessor or agency tasked with the evaluation. Assessors will then select data collection methods designed to address the court's referral questions.

During the BFA process, the evaluator has the discretion to conduct several key activities:

  • Record Collection: The assessor can obtain relevant medical, therapy, and educational records concerning the children's mental health and requirements.
  • Request for Psychological Evaluations: The assessor can request psychological or substance use evaluations of the parents and recommend further psychological or mental health assessments for the child if necessary.
  • Parent Interviews: The assessor may interview one or both parents to gather relevant information about the children and their needs.
  • Child Interviews: The assessor may speak with the child to understand their perspective on recent interactions with either parent or to learn their preferences regarding contact.

Once complete, the assessor will submit a written report to the court, attorneys, and involved parties. The BFA report outlines the assessment's focus, addresses the specific questions posed at the outset, includes a summary and analysis of the gathered information, and offers opinions and recommendations pertinent to the issues highlighted in the referral.

Brief-focused assessments are valuable tools for families, lawyers, and judges. They offer a faster, cheaper, and more resourceful alternative to child custody evaluations.

Remember, different policies and procedures regarding BFAs may apply to each state and county. Speak with an experienced child custody attorney if you have questions about your jurisdiction, what to expect, or whether a Brief Focused Assessment is appropriate for your custody case.

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Dror Bikel

Dror Bikel co-founded Bikel Rosenthal & Schanfield, New York’s best known firm for high-conflict matrimonial disputes. A New York Superlawyer℠ and twice recognized (2020 and 2021) New York Divorce Trial Lawyer of the Year, Dror’s reputation as a fearsome advocate in difficult custody and divorce disputes has led him to deliver solid outcomes in some of New York’s most complex family law trials. Attorney Bikel is a frequent commentator on high profile divorces for national and international media outlets. His book The 1% Divorce - When Titans Clash was a 5-category Amazon bestseller.

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