PSY-205-H7711 Forensic Psychology 24EW4 DR

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MODULE 3
Child Custody Disputes
Forensic psychologists are important advisors to the lawyers, mediators, and judges in child custody
disputes. Unfortunately, messy child-custody disputes are an all-too-common occurrence when parents
divorce. In some especially difficult cases, one parent may make an allegation against the other, and
sometimes these allegations are made primarily to gain the support of the courts.

As impartial evaluators, forensic psychologists provide psychological assessments with a focus on

parenting. The psychologist informs the fact-finder (usually the judge). Because parenting evaluations
are supposed to be impartial by nature, they cannot involve themselves directly in the child-custody
hearings. In other words, the forensic psychologist cannot approach the evaluation with any investment
in the outcome of the case.

In the case of child abuse and/or neglect, the state must often intervene to provide a safe environment
for the child until they can either be safely reunited with their parents or they are placed in a safe living
environment. In these cases, forensic psychologists can offer thorough evaluations to help identify risk
factors for child mistreatment, as well as ways to ameliorate risk.

Parenting evaluations consist of four major components:

1. Interview
Interview: Whenever possible, the psychologist must obtain personal history from the person
being evaluated.
2. Record
Record review
review (or review of "discovery"): The psychologist can receive records from a number of
parties to the case and can use prior findings to help formulate a case.
3. Collateral
Collateral consultation
consultation: Is the parent involved with a counselor or a parenting agency? If so, it is
usually helpful to conduct a collateral interview with that service provider to ascertain the parent's
progress in treatment and what further treatments might be necessary.
4. Psychological
Psychological testing
testing: Testing is used to help determine if there are underlying risk factors (such
as mental illness or low IQ) that might be contributing to the risk to the child.

In all evaluations, the "best interest" of the child is the chief criterion for the judge. A best interest
determination can be strengthened with a solid psychological evaluation of a parent.
Chapter 13 3/18/24
child custody disputes
there is no "right" way to parent
40-50% of children will experience the divorce of their parents

physical
Varieties of custody arrangements spends how much time a child
with each parent
legal
rights and responsibilities
sole physical/ joint physical/ of parents, decisions about
joint legal joint legal school, medical care,
religious training, etc.
sole legal
parent with custody
can make all decisions
without consulting
other parent
sole physical/ joint physical/ joint legal
sole legal sole legal major decisions
negotiated between
both parents
joint physical
most unusual
child lives with each
arrangement
parent some of the time
sole physical
child lives with one parent
time with each parent for custody to be exclusively, other parent
considered shared: may have visitation at
regular intervals
• courts - 25-50%
• custody evaluators - 40%
• social science research - 30-35%
•
this inconsistency makes determination difficult
 sole physical mother → 68-88% recent increase in joint
custody physical arrangements:
vs. father → 8-14%
equal sharing 1986: 5%
arrangements 2-6% 2012: 33%
more balanced parenting time allocations
joint physical may be best for kids, promoting stronger
custody parent-child relationships, even when
parents don't get along and in lower SES
other benefits of joint physical custody :
• parents/children both more happy with arrangement
• more contact with father (less likely to end up estranged)
• increased participation in parenting by the father
• improved father-child relationship
• more likely that child support will be paid

primary advantage - both parents are still

joint legal closely involved in raising the child
custody (psychologically beneficial to everyone)
financial support may also be more stable
both require two feuding parents to
engage in regular communication,
cooperation, and coordination
if one parent is incompetent, drug addicted, or abusive, the other gets
sole physical and legal, may also happen if the child would benefit
more from the stability of just one home
high - conflict → when parents have a high degree of hostility
relationships sole custody may shield a child from this
 the intensity of negative feelings in high-conflict divorce cases
puts children at acute risk for emotional damage
Parental Alienation Syndrome (Richard Gardner 1985)
a child's alienation from parent #1 in the context of a
custody dispute, as a result of parent #2 trying to
make the child unfairly fear parent #I

syndrome and behaviors/feelings leading to it characterized by:

1. A large# of negative statements from parent #2 about parent #1
2. Claims that negative feelings did NOT come from parent#2
3. Imagined/rehearsed scenarios where parent #I is mean or abusive
4. Extreme loyalty from the child to parent #2
5. Lack of remorse by child when they are cruel to parent #I
6. Generalized fear reaction of child to people associated with parent #1
 Ten Parental Alienation Fallacies
1. Children never unreasonably reject the parent they spend the most
time with.
2. Children never unreasonably reject mothers.
3. Both parents contribute equally to alienation.
4. Alienation is a transient, short-lived problem.
5. Rejecting a parent in the short term can be healthy coping.
6. Young children living with an alternating parent need no treatment
intervention.
7. Alienated adolescents' stated preferences should be the main
consideration in custody decisions.
8. Alienated children who function well outside the family need no
treatment intervention.
9. Severely alienated children are best treated with traditional
psychotherapy.
10. Separating a child from the alienating parent is traumatic.

Research involving 58 studies

clearly supports existence of
PAS, but it is also dangerous if it
is identified as occurring if it has
not in a child custody context.
Best Interest of the Child Standard
English common law - children
considered property, went by pater familias
legal doctrine of pater familias
children were property,
this was beginning to change by women could not own
the 1800s - childhood regarded property, so custody
as an important stage of life automatically went to
that contributed to the the father after divorce
development of the adult person
Evolution of child custody arrangements
tender best interest
years of the child
doctrine standard
(bics)
children of a young no presumption
age and all female that either the
children were father or the
placed with the mother is entitled to
mother, except in primary custody - needs and
extenuating caretaker rule desires of parents
circumstances are secondary to
People v. Hickey (1889) Courts should award sole those of the child
physical to the parent
primarily responsible for
raising the child prior to
the divorce - child needs
"continuity of care” and the
warmth and consistency of
the prior relationship
 tender years doctrine
an infant of tender
years will generally be
left with the mother…
because of the father's
inability to bestow on it
that tender care which
nature requires
in 80+% of cases, this
will be the mother
criteria for determining primary caretaker
1. Who buys/washes child's clothes
2. Who bathes/grooms the child
3. Who disciplines/helps with homework
4. Who cares for child when they are sick
5. Who arranges for child to see friends

uniform marriage and divorce act problems with BICS standards:

1976 • they are vague
5 criteria for deciding custody: how can each factor be reliably measured?
1. The wishes of the child's parents what if kid prefers dad because he doesn't
discipline? At what age should the judge
2. The wishes of the child ask the child's preference? vagueness
3. The relationships between the child places discretion in the hands of the judge
and their parents, siblings, and any • may escalate conflicts and cause
other people who significantly more litigation between parents
divorcing parent may gain advantage by
impact the child's best interests exaggerating every little fault and failing of
4. The child’s adjustment to home, the other parent
school, and community
• asks the court to predict the future
5. The physical and mental health of
judges must imagine which arrangement
everyone involved with the child will most benefit the child in the future
most courts now use a particular type of custody is ordered
preferred custody arrangements unless it is not in child's best interest
 approximation rule - custody should approximate the
caretaking relationships that existed prior to the divorce
American Law Institute
non-partisan organization if the father was consistently
that produces scholarly bringing the child to and from
work to clarify, modernize,
and improve the law sports, he should continue to do
this after the divorce
equal-custody presumption - proposed by fathers groups, the child
would spend equal time living with each parent, except in cases of
abuse or domestic violence
children’s responses to divorce
it is difficult to accurately measure the effects of divorce on children for
many reasons:
1. a full understanding of the adjustment process requires longitudinal
research (difficult, expensive, time- consuming)
2. it is hard to distinguish between problems that existed before the
divorce and problems it caused
3. the outcome of interest - healthy adjustment - is difficult to measure
adjustment: satisfying social psychological family: extended family,
relationships, self- esteem, feeling siblings, neighbors, close non-relatives
content, school achievement, relative that can help child adjust after divorce
absence of psychological problems like
depression or aggressive behavior
children tend to define
family in terms of
emotional ties rather
fortunately the majority of than biological
children whose parents divorce relationships
adapt and grow into
psychologically healthy adults
factors in positive adjustment after divorce
resilience: a cluster of personality traits that relate to better adaptation
stressful events, including divorce
• ability to promote positive interaction with others
• ability to maintain or expand relationships with supportive adults
• ability to find caretakers who nurtured their self-esteem/feelings of competence
minimal parental conflict or it subsides over time
maternal/paternal parenting styles :
• providing support
• setting appropriate limits and boundaries
• parents communicate clearly and respect each other as parents
• donot undermine the other parent through criticism, disparagement, or blame
economic security
• mothers get sole custody = significant drop in income
• about 50% of mandated child support is not paid

Children with special needs often need increased support and

encouragement from their caretaker - interruption of family dynamics
could be extra troubling to them

Judges and evaluators need to consider each child's individual

personality when making custody agreements (should be case by case)

Custody agreements should:

• minimize parental conflict
• promote economic security
• preserve supportive relationships with adults
psychologists’ contributions to custody decisions
criteria for deciding custody
• quality of interpersonal relationships
role of
• emotional attachments between parent and child clinical
• coping abilities psychologist
• stability of relationships over time

multiple relationship: when a psychologist is acting as a treating

therapist for a specific client while also serving as an objective expert
for the court - usually discouraged for ethical reasons

child custody evaluations it is unlikely that

are among the most any
frequent reasons for ethics recommendation
complaints/malpractice will make both
suits against psychologists parents happy

problems/biases
• lack of standard evaluation procedures
• different views on what constitutes intimate partner violence
• overreliance on a few personality measures
• inadequate ongoing training
• "experts" that have ultimate issue testimony
APA suggests psychologists gather information from:
multiple sources
1. Interviews with each parent and each child
2. Observation of parent and child together
3. Written records - school, doctors, mental health professionals
4. Standardized psychological testing
And concerning:
multiple issues
1. Psychological best interest of the child
2. Strengths/weaknesses of parents
3. The needs of the child
4. How well parenting attributes fit child's needs

problems with tests child testing

they cannot answer the question 1.
of where the child should be placed
parents in custody disputes may
not answer honestly (faking good)
2.
many tests were normed with White
European people, which does not
represent the majority of people 3.
going through divorce litigation
personality tests - measure
whether child has a psychological
disorder
intelligence tests - measure
overall intellectual functioning
projective tests - measure child’s
responses to ambiguous stimuli

personality - MMPI-A, MACI

intelligence - WISC
projective - Rorschach, family drawing, kinetic. family drawing
 FAIs Bricklin Perceptual Scales
forensic assessment (BPS)
instruments Ackerman-Schoendorf
(designed to answer Scales for Parent
questions to a specific Evaluation of Custody
legal standard) (ASPECT)
Perception-of-
Relationships Test (PORT)
3 main criticisms of expert psychological testimony:
lack of objectivity
tendency to ignore legal criteria
lack of data to support conclusions
mandatory mediation laws: require couples seeking a divorce to first
attempt to reach a settlement with help from a
mediator: neutral third party who brings the couple together in non
adversarial setting
• lowers court costs
• eliminates need for full psych assessment
• can deescalate family conflict
parent coordination
goal of mediation - to • helps parents create/comply with court
get parents to rise orders and parenting plans
above their differences
and focus on the needs • make decisions about custody/visitation
of their children that are consistent with child's needs
• reduce conflict between parents
should be quicker • prevent relitigation
avoided if there agreements
is spousal abuse
or if one or both
people more
satisfied
collaborative divorce:
parents is not more positive family-centered approach that uses a
fully mentally coparenting treatment team to promote healing and
competent restoration of entire divorced family
(helps with communication and decision making)
 5 kids

admitting difficulty but placing blame on self

inconsistent with other statements seeming to blame kids

possibly views children as manipulative

politically correct answers

grew up in abusive household

genetic predisposition?
 I wonder what he thinks has to be earned

for the better.?

reality hit

their abuse made me stronger

 he seems to externalize a lot of blame

strict

“Having my parents as models

has caused me to not be such
“I don't want to beat my kids" a good parent”
 THE SPURWINK CHILD ABUSE PROGRAM
17 BISHOP STREET
PORTLAND, MAINE 04103
Phone: 207-879-6160 or 800-260-6160
Fax: 207-871-5668

Psychological Report Joey - stepfather (35)

Garvey - baby
Name: Joey Esmond Matty - stepson
Date of Birth: January 15, 1973 Caleb
Record No: 0123456
Danny
Kris
Evaluation Dates: February 04, 2008; March 11, 2008 Asperger's
Report Date: May 12, 2008
Bipolar
ODD
Evaluation Methods: Wide Range Achievement Test, third edition, reading subtest (WRAT3);
Kaufman Brief Intelligence Test, second edition (K-BIT2); Minnesota Multiphasic Personality
Inventory (MMPI-2); Millon Clinical Multiaxial Inventory (MCMI-III); Substance Abuse Subtle
Screening Inventory (SASSI-3); Child Abuse Potential Inventory (CAP-I); Parenting Stress
Index (PSI); client interview; Parenting Sentence Completion Series; record review; parent/child
interaction observation session

Examiner: William M. Barter, Ph.D., Program Psychologist

Background: Mr. Esmond was referred to Spurwink for an evaluation of his parenting relative
to the placement of his infant son, Garvey; his stepson, Matty; and his three older boys, Caleb,
Danny, and Kris. At the time of referral from DHHS, a DVD was provided by the Department
showing Mr. Esmond being physically, verbally, and emotionally abusive to his wife’s son,
Matty Mondor. There have been ongoing concerns about Mr. Esmond’s inappropriate and
antisocial behavior and his overall ability to be a safe parent.

Asked for his view of the referral, Mr. Esmond stated that he was being referred for an
evaluation because he and his wife did not understand how to deal with his stepson, Matty. He
stated that he wants to find out what his parenting skills are because the State of Maine disagrees
with him about parenting. He then stated that everybody learns in life. He said that since foster
placement Matty has been 100% more well-behaved, articulate, and has few fits of yelling. He
said that maltreatment concerns were based on how he and his wife were dealing with Matty’s
behaviors and the way he was acting. He then stated that Matty has been diagnosed with
Asperger’s Disorder, Bipolar Disorder, and Oppositional Defiant Disorder. He stated that it was
hard to know how to discipline him. He stated that he is currently living with his wife in an
apartment in Sanford where no children are currently living. He stated that Matty is in a foster
home, as is his infant son. He stated that they have supervised visits and he reiterated that
Matty’s behaviors have changed a great deal.

Evaluation Objectives: The current evaluation is intended a) to assess Mr. Esmond in terms of
his current psychological and emotional functioning, b) to assess his relative strengths and
weaknesses functioning as a parent, c) to assess for the presence of parental psychological,
 Joey Esmond
Psychological Evaluation
Page 2 of 9

social, emotional or behavioral factors that might place children at risk of maltreatment or
neglect while in his care, and d) to assess his capacity to function as a predictable, empathic,
emotionally available attachment figure to his children.

Informed Consent: Informed consent for services at Spurwink was obtained from Mr. Esmond
to proceed with the evaluation. He affirmed understanding that the purpose of the evaluation
was to assess current psychological and emotional functioning as well as current parenting
competencies and risk factors for child abuse. He affirmed that he understood the non-
confidential nature of the evaluation and the fact that a copy of the final report will be forwarded
to the Maine Department of Health and Human Services. He further affirmed understanding that
the program staff might be called upon to testify on the content of the evaluation in court. He
affirmed understanding the risks and benefits of undergoing such an evaluation. Mr. Esmond was
afforded the opportunity to ask questions about the evaluation process at any step along the way.

Record Review: As part of the evaluation, records were provided by DHHS. Among the
records were police logs noting a couple of instances in which Mr. Esmond was involved in
altercations, including an assault on his wife and an assault on her child, Matty. The records
indicate Mr. Esmond’ inappropriate behavior in dealing with police officers and with family
issues.

In the DVD, Mr. Esmond is witnessed entering his stepson’s bedroom and threatening him with
hot sauce, later on bringing hot sauce into the room and threatening him with it. He is also
witnessed grabbing Matty by the sides of the face, slapping him, and speaking to him in a
threatening and sadistic voice. He was also witnessed using foul and abusive language toward
the child. At one point on the DVD he asks Matty if he remembers the hot sauce and how it
burned his mouth, and this is suggestive of the past use of hot sauce as a method of punishment.
The behavior witnessed on the DVD would be considered abusive and traumatizing by even the
most conservative standards.

Personal History: Mr. Esmond stated that he was born in Buffalo, New York and that he is the
son of Kevin Esmond and Ann (Hawks) Esmond. He said that his parents were married and then
divorced and subsequently reconciled. According to him, he has three siblings and one
stepsibling and he is the second oldest. Regarding socioeconomic status, Mr. Esmond stated that
the family went from poor to middle class to poor. He recalled that his father was an appliance
technician and that his mother worked in fast food restaurants. He stated that his mother
currently works in quality control. He described his family as dysfunctional and said that he
fought with his older brother. He also stated that he has problems with his younger brother and
sister. He said that, while living in New York state, he was brought up Roman Catholic. He said
that he belonged to a Boy Scout troop when he was a child. He then said that, at the end of
second or third grade, the family moved to New Hampshire. According to him, between the ages
of 10 and 11, he began having problems that included setting fires, fighting, and being kicked out
of school. He also stated that things were worse for him in New Hampshire because he was
picked on.
No good family attachments ASD?
Asked about child abuse, Mr. Esmond stated that he was physically abused, emotionally abused,
and verbally abused. He stated that he was spanked and that his parents used hot sauce to punish
him, as well as making him sit in the corner. He said that as a younger child he was hit with a
belt. He also stated that throughout his life he has had fistfights with his father. He described

May be looking at Marty the same way

 Joey Esmond
Psychological Evaluation
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himself as a problem child who caught the brunt of discipline in the family. He stated that it only
made him stronger. He stated that the physical abuse mainly came from his father and that his
mother would generally ground him. Regarding domestic violence, he stated that throughout the
years he witnessed domestic violence and he once saw his mother get her head “busted open”.
He also recalled that at one time his mother put sleeping pills in his father’s food to knock him
out.

Asked about his significant relationships, Mr. Esmond stated that his first relationship was with a
girl named Mindy whom he dated for six months in high school. He also stated that subsequently
he dated a girl named Deanna and they went out for one year in high school before he was placed
in a group home for 11 months for stealing a car. He said that there were a variety of flings until
he met Bethany Wahler at the age of 21. He stated that they were never married and that their
relationship was off and on for five years. According to him, he did everything to make Bethany
happy and had two boys with her. He said, at the time of this evaluation, that the boys were in his
parent’s custody because Bethany filed to give them custody. He stated that they broke up
because she was very abusive, mistreated the children, laid on the couch all day long, and was
constantly “on his case” and abusive. He recalled a time when she threw a six-month-old child
on the bed and yelled at him (Mr. Esmond) in front of the child.

Mr. Esmond stated that his next relationship was with Suzanne, the mother of his four-year-old.
He stated that that child is with his mother and there are no visitation rights currently because of
the allegations being made by his parents. He stated that it was a two-year relationship and they
moved into his parent’s home because they could not afford an apartment. He stated that there
was a lot of stress from his parents and his parents were abusive to Suzanne. He stated that he
then was with a woman named Lela for one year, but they had personal differences and she was
promiscuous.
everything is everyone else's fault
He stated that his current wife, Mariah, used to talk with him on the computer and they went out
for eight days before they were married. He stated that they were married in August 2006.
According to him, the marriage was good at the beginning and then became rocky and they split
up for two to three months, but are back together. He stated that she has had a restraining order
on him twice and dropped it twice. He said that the allegation was felony assault against Matty.
According to Mr. Esmond, he gave Matty a “light tap” to his mouth, but Mariah said that he
slapped him. He stated that the police said he “assaulted the kid”, but he “left no marks” so it
could not have been an assault. He stated that he got a letter stating that they were not going to
charge him in December 2007. he is very impulsive
Asked about domestic violence in his relationships, Mr. Esmond stated that Bethany filed an
allegation of alcohol abuse and domestic violence. He stated that Suzanne used Bethany’s
allegations to accuse him, but the Guardian ad Litem sided with him. He stated that the same
allegations are coming from his parents now, but a DHHS worker in New Hampshire is looking
for records to show that he did not do it. He stated that the allegations of violence are a “he said,
she said” situation and that he is being seen as guilty until proven innocent. He stated that, until
recently, he still had his children, so he could not have been doing anything totally wrong.

Asked about his educational history, Mr. Esmond stated that he was in a group home in
Massachusetts and went through the eleventh grade. He stated that he should have had enough
credits to graduate, but did not. He stated that night school did not work out for him. He stated
 Joey Esmond
Psychological Evaluation
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that it was not his forte to sit in a classroom for three hours. He said that he might get his GED,
but he does not need it for his work. According to him, his grades “sucked” through life and that
he had attention deficit problems that were never diagnosed.

Asked about his work history, Mr. Esmond stated that he has worked in construction since the
age of 18. He stated that he is a subcontractor for one company and that he builds houses from
start to finish. He stated that he is a good worker with good references, and he has never been
fired from a job. He stated that he has always quit when he has wanted to move on to better jobs.
Mr. Esmond stated that he has never served in the military. According to him, his financial
support currently comes from his self-employment and he has no health insurance, no
entitlements, and a rented home. Asked to describe his hobbies, Mr. Esmond stated that he plays
on the computer, listens to music, and plays cards.

Asked about his medical history, Mr. Esmond stated that he had slight scoliosis at birth, as well
as attention deficit. He stated that he has chronic back pain. Asked to list his medications, he
stated that he takes no more medications. He then added that he is not a “happy camper” because
he deals with a lot of pain.

Mr. Esmond denied any history of psychiatric hospitalization. He stated that he was diagnosed
with Depression at Counseling Services, Inc., but no suicidality has been documented. Asked
about self-harm, he stated that he has a high pain tolerance and so he used to hit street signs
when he was frustrated. Asked about family psychiatric history, he stated that his father and his
younger brother have taken Lexapro.

Asked about outpatient treatment, Mr. Esmond stated that, when he was 15 or 16 years old, he
had counseling for Attention Deficit Disorder. He stated that he has recently had an intake at
Counseling Services, Inc. and that he is going back to see about a diagnosis. Asked about
parenting support groups or classes, Mr. Esmond stated that, when he had custody of the
children, he went through the Kids First program twice. He stated that the judge made him do it
twice.

Asked about substance use or abuse, Mr. Esmond stated that he used to be a heavy drinker and
marijuana smoker. He stated that he smoked a lot of marijuana between the ages of 16 and 17
and that he began using alcohol after the age of 18. He then stated that he hardly drinks at all. He
also stated that he does not currently go out of his way to smoke marijuana. He stated that he
does not do anything much at all now in terms of substance abuse. He did state that he smokes
one pack of cigarettes per day.

Asked about criminal history, Mr. Esmond stated that he has been arrested five times and he has
had a lot of police holds, especially in his early twenties. He stated that he has had three charges
of driving under the influence of alcohol, with the most recent being in July 2007. He also stated
that he was charged with the assault on Matty. He stated that he was arrested with his wife when
they were both arrested for simple assault and they plead to being mutual combatants. He stated
that he is currently not on probation, but he was on probation as a teenager. According to him,
the maximum time he has spent in jail is two to three days at a time. He stated that he currently
has no driver’s license because of the driving while intoxicated charges.
 Joey Esmond
Psychological Evaluation
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Asked to describe his social supports, Mr. Esmond stated that his wife is his social support. He
stated that he used to have a best friend, but he does not like his wife. He stated that this friend
was a support for a long time.

Asked if he had anything else to add to the evaluation, Mr. Esmond stated that his children have
been brainwashed because they like where they are placed. He said that they do not have
anything to do with him and do not talk to him.

Mr. Esmond was asked specifically about the DVD showing his abuse of Matty. He stated that
the DVD refers to abuse and shows spanking and threatening. He stated, however, that people
did not know the circumstances of the household. He said that they were constantly being
watched. He also stated that his (Mr. Esmond’) mother made Matty sit in dirty underwear and
put him in the shower. He stated that his father cannot deal with children and he is on complete
disability. He stated that, although his father is on disability, he takes the children out on four
wheelers and drinks and drives. He stated that, at the time of this evaluation, his two older boys
were with his father. He stated that he and his wife have let the DHHS worker know not to allow
the infant, Garvey, to have contact with his paternal grandparents. Asked about his relationship
with his parents, Mr. Esmond stated that he would not be upset if his parents “were burning on
the sidewalk” and, in fact, he would step over them and walk away.

Clinical Impressions: Mr. Esmond is a man who appears to be slightly older than his stated age
and this is likely due to the fact that he has no teeth. (He stated that his teeth were extracted, but
then he lost his insurance and has not been able to replace them.) He is a man of slight build who
appeared for his evaluation reasonably well groomed and casually dressed. He wore a baseball
cap throughout the evaluation. Mr. Esmond is rather tangential in his speech and not particularly
direct in answering questions. He was overtly cooperative with all requests for psychometric
testing and personal information. He was apparently free from intrusive thought and was fully
oriented times three throughout the evaluation process.

Parenting Issues: Parenting attitudes are assessed by means of the interview, the Parenting
Sentence Completion Series, and the parent/child interaction observation.

Asked what he likes most about parenting, Mr. Esmond stated that he likes his kids. He stated
that he likes seeing his kids happy and doing things. He stated that childhood is supposed to be
fun. He stated that the difference in Matty since foster placement has been remarkable.

Asked what he likes least about being a parent, Mr. Esmond stated that he does not like having to
discipline children. He stated that he is strict, but does not go out of his way to spank children.
He stated that it is hard today to discipline children without being charged with assault. He then
went on a rambling tangent about children with guns in school and having more problems with
children today then in the past.

Asked to describe his strengths as a parent, Mr. Esmond stated that parents should make sure
their children are supported financially and emotionally. He stated that he tries to do things with
his children when he gets out of work. He stated that he was very strict with the children and
followed through with punishment, and this meant that he had to be strict for a reason. Asked to
describe his weaknesses as a parent, Mr. Esmond stated that discipline is his weakness. He stated
that some people say that he is too strict, but that is an opinion and everybody has got one. He
 Joey Esmond
Psychological Evaluation
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stated that he had it thrown in his face that he needed to work, but then said that the same people
said it was a problem that he did not spend time with his children.

Asked how he handles anger, Mr. Esmond stated that he used to spend a lot of time yelling. He
stated that he has no qualms raising his voice and that arguing has been commonplace in his life
for as long as he can remember. He stated that he blames being screamed and yelled at by his
parents for the way he is today.

Asked about how he handles discipline, Mr. Esmond stated that he would basically use time out.
He stated that children rarely got a spanking. He then stated that he used to use hot sauce on the
tongue, but “apparently that’s abuse these days”. He stated that he never beat on his kids. He
stated that he has used a belt and soap in the mouth, but the child asked to take the belt again
because it didn’t hurt. He stated that there is a fine line on spanking. He stated that you should be
able to spank your child, but not leave a mark on them.

Mr. Esmond was asked to describe his children. He stated that his nine-year-old son, Caleb, is
more “girly”. He described him as prim and proper and said that he does a lot of reading. He
stated that Caleb is into learning things. He also stated that he plays basketball and is in Boy
Scouts and is quite proper and frail. He described him as tall and skinny and not a tough kid. He
stated that he is more apt to cry and is more on the girly side. He also stated that he was told
throughout Caleb’s mother’s pregnancy that he was going to have a girl.

He stated that his seven-year-old son, Danny, is more like him and is short and stocky. He stated
that of all of his children he is more his son and he described him as my “little redneck” and “my
little roughneck”. He described him as sneaky and stated that he is “like me to a T” and that he
likes to play. He stated that he does not have to worry about him because he is a tough little kid.

He described his four-year-old son, Kris, as a great kid, but stated that he has not seen him in
quite a few months. He stated that his mother is training him to be gay. He said that he has quite
a bit of spirit in him, but he is a good child. According to him, his maternal grandfather makes
six figures and so he is prim and proper and a polite child. According to him, he used to like
coming to see his father.

Mr. Esmond described his three-year-old stepchild, Matty, as a child that he would have
described as out of control previously. He stated that he has always been difficult to manage and
the most challenging child to deal with. He stated that Matty did not like authority and he is
absolutely a changed child now. He said that if Matty was like the way he is now when he was
with himself and his wife, they would not have had any problems.

Mr. Esmond described his nine-month-old child, Garvey, as always a happy child who is now
crawling and lights up when he hears his parent’s voice.

As part of the evaluation, Mr. Esmond was asked to fill in the Parenting Sentence Completion
Series. Mr. Esmond used the parenting sentence completions to complain about the way that he
was parented. He described being abused by his parents and stated that he no longer considers
them his parents. He described some rather rigid approaches toward parenting. His sentence
completions overall were unremarkable for any overtly abusive attitudes. The parenting sentence
completions indicate that Mr. Esmond views his parenting style as adequate, and it should be
 Joey Esmond
Psychological Evaluation
Page 7 of 9

noted that the sentence completion series simply indicates a parent’s ability to verbally articulate
parenting concepts.

As part of the evaluation, Mr. Esmond and his wife, Mariah, were observed in a one-hour play
session with Garvey and Matty. Mr. Esmond participated fully in the play session alternating his
attention between Garvey and Matty. He was somewhat aggressive in his play with Matty, at one
point throwing a ball and hitting Matty in the head with it, but not in an angry way. The one-hour
observation session was unremarkable for any abusive behaviors on the part of Mr. Esmond. It
should be noted, however, that a parent/child interaction observation session only represents one
hour in the life of parent and child and, as such, has limited generalizability. It does indicate that
for one hour being observed by a mental health professional, Mr. Esmond was able to be
appropriate with the children.

Psychometric Testing Results: Mr. Esmond was administered the reading subtest of the Wide
Range Achievement Test (WRAT3). His Standard score of 105 indicated the ability to read at the
post high school graduate level. He was thus deemed able to self-administer those tests not
requiring examiner administration.

Mr. Esmond was administered the Kaufman Brief Intelligence Test (K-BIT2). He obtained a
Verbal standard score of 106 (average) with a 90% confidence interval of 99-113. He obtained a
Nonverbal standard score of 105 (average) with a 90% confidence interval of 97-113. He
obtained a K-BIT I.Q. Composite standard score of 107 (average) with a 90% confidence
interval of 104-114. Based on the results of the K-BIT2, Mr. Esmond appears to have an average
I.Q. Cognitive functioning is therefore not a risk factor for child maltreatment in this case.

Mr. Esmond completed the Minnesota Multiphasic Personality Inventory (MMPI-2). His
response style was to exaggerate symptoms and pathology rather extensively. The clinical scale
elevations on this administration of the MMPI-2 are highly consistent with Antisocial Personality
Disorder. In addition to the antisocial aspects of the MMPI-2, Mr. Esmond endorsed a number of
affective problems around anxiety and depression. The relative scale elevations are also
consistent with borderline personality features. Mr. Esmond reports fairly significant ideas of
persecution by others, as well as somatic complaints and low positive emotions.

Mr. Esmond completed the Millon Clinical Multiaxial Inventory (MCMI-III). As with the
MMPI-2, he tended to report a high number of problematic ideas and symptoms. His response
style showed a broad tendency to magnify the level of experienced illness, as well as a
characterological inclination to complain or to be self-pitying. There is reason to believe from
this self-report that at least a moderate level of pathology characterizes his overall personality
organization. His profile suggests the presence of depressive and pessimistic moods, edgy
irritability, and feelings of being cheated, misunderstood, and unappreciated. Likely to be critical
and bitter, he may often feel like a victim, overburdened and mistreated. His personal
relationships are likely to be tenuous and occasionally turbulent, fraught with fights and
antagonism, that may often be provoked by his characteristic guilt inducing, complaining, and
passive-aggressive attitude. Also worthy of attention is his inclination to act thoughtlessly and
irresponsibly and to be generally careless and imprudent, failing to plan ahead or to consider the
legal or ethical consequences of his behavior.
 Joey Esmond
Psychological Evaluation
Page 8 of 9

Mr. Esmond completed the Substance Abuse Subtle Screening Inventory (SASSI-3). His
responses were open and honest, and yielded a valid profile. Based on his responses to this self-
report measure, Mr. Esmond has a high probability of having a substance dependence disorder
with the chief substance being alcohol.

Mr. Esmond completed the Child Abuse Potential Inventory (CAP-I), an instrument that
measures the extent to which the examinee shares characteristics with persons known to
physically harm children. There were significant subscale elevations relative to his feelings of
Distress, Unhappiness, Problems with Children, and Problems with Others. All of these subscale
elevations resulted in a high elevation of the Abuse scale score. An elevated Abuse scale score
indicates that the examinee has an array of personal and interpersonal characteristics that are
similar to characteristics of known physical child abusers. Data indicate that as abuse scores
increase so does the likelihood of physical child abuse, thus high abuse scale scores should be
viewed as very meaningful. People with elevated Abuse scores tend to be immature, moody,
restless, self-centered, evasive of responsibility, and frustrated. In general, they exhibit more
worry, pessimism, and depression. They are more anxious and report more uncomfortable
emotional feelings. Those with elevated Abuse scores tend to be touchy, over reactive, and
irritable with low frustration tolerance, poor impulse control, and easy frustration.

Mr. Esmond completed the Parenting Stress Index (PSI) relative to his wife’s son, Matty
Moreau. His responses were open and honest, and yielded a nondefensive and interpretable
profile. All subscales on the Child domain were significantly elevated, indicating that he views
Matty in a highly problematic manner and has little, if any, attachment to his stepson. On the
Parent domain, all subscales were elevated, with the exception of Mr. Esmond’s relationship
with his spouse, which he reported as being somewhat satisfactory. This indicates highly
problematic parenting. This would be consistent with his blaming of Matty for many of the
family difficulties. The results of this administration of the PSI should be considered quite
alarming and would cause concern in any parenting evaluation.

Conclusions and Recommendations: Based on the psychometric testing, it appears that Mr.
Esmond is a man of average I.Q. Therefore, his intellectual abilities would not be considered
problematic and would not be a risk factor for child maltreatment.

Based on the remainder of the psychometric testing, the personal history, the clinical
impressions, and the records provided by DHHS, it is apparent that Mr. Esmond is a man with
Antisocial Personality Disorder with borderline features. In addition to these problems on Axis
II, he is reporting significant problems on Axis I related to Anxiety and Depression. The testing
and history are also strongly suggestive of Alcohol Dependence Disorder.

With regard to Mr. Esmond’ underlying mood disorder, there is certainly no reason to ignore the
depression and anxiety he is reporting. Whatever psychotropic or psychotherapeutic methods
might be used to ameliorate the depression could improve the quality of his functioning. With
regard, however, to the Axis II personality issues, the prognosis is much more guarded and
complex. With regard to Borderline Personality features, this greatly explains his impulsive and
self-destructive acting out behaviors and his inability to contain himself appropriately with
others. Borderline Personality is best treated with dialectical behavioral therapy (DBT) and Mr.
Esmond would need to apply himself in a painstaking and long-term way to ameliorate the
impulsivity associated with borderline personality.
 Joey Esmond
Psychological Evaluation
Page 9 of 9

Antisocial Personality Disorder is generally resistant to treatment. In fact, studies have shown
that the conventional wisdom of avoiding psychotherapy for persons with Antisocial Personality
Disorder is well founded, given that the antisocial person tends to use the therapy as a way to
hone their antisocial skills. If Mr. Esmond is to attempt any sort of treatment of his Antisocial
Personality Disorder, such treatment would need to be provided by a therapist who is well
trained and highly skilled at treating this disorder. Treatment with an unskilled therapist could
actually exacerbate the antisocial symptoms. Given Mr. Esmond’ long history of conduct
disorder and antisociality, the prognosis for its treatment is not good, and perhaps the best that
one could hope for is that his behaviors are contained in some way by society.

It is obvious from the interview and the history that Mr. Esmond has little insight. One of his
strongest personality characteristics is that he externalizes blame and takes little responsibility
for his actions. At no point in the interview did he take responsibility for any of his actions,
except to say that he was ill equipped to deal with Matty’s behaviors. Even then, however, Mr.
Esmond dealt with his abuse of Matty by vilifying the child, rather than taking responsibility for
his own abusive and sadistic behavior toward the child. At no time did he make the connection
between his abusive and pathogenic parenting and the child’s resulting behavior.

While Mr. Esmond downplayed his substance abuse in the interview, there is evidence to the
contrary. The Substance Abuse Subtle Screening Inventory was indicative of a high probability
of a substance dependence disorder. Mr. Esmond’ movements, speech, and presentation on the
DVD indicated that at one point he was acting intoxicated when dealing with Matty. There is
also the issue of Mr. Esmond’ loss of his driver’s license due to repeated charges of driving
while intoxicated, another strong indicator of alcohol dependence. This overlay of alcohol
dependence is likely to impede any potential progress that Mr. Esmond might make in his
treatment. He is strongly encouraged to seriously address the alcohol issue. It is unclear what Mr.
Esmond meant by “not going out of his way” to smoke marijuana.

While it is not the place of this evaluation to argue whether Mr. Esmond was abused as a child,
the issue at hand is his current pathology and its detrimental impact on his parenting abilities and
the safety of children around him. The best predictor of future behavior being past behavior, and
the fact that Mr. Esmond has done little in the way of effective treatment for his many
psychological issues, makes his unsupervised presence with children highly risky. Since he is in
no way legally related to Matty, the Department certainly has no obligation to reunify him with
that particular child. Given the trauma that he has inflicted on Matty, it would be considered
unwise to allow him any unsupervised contact. Regarding Mr. Esmond’s biological children, it
would be prudent and justifiable for the Department to require supervision if Mr. Esmond is to
have contact with them as well. Given the current level of pathology and out-of-control
behaviors, it is unlikely that Mr. Esmond is capable of being a stable, warm, or empathic
attachment figure to his children, and it is reasonable to assume that children would continue to
be at risk for physical and emotional harm in his care.

____________________________
William Barter, Ph.D.
Licensed Psychologist
Maine License Number PS1141
DHHS has a video of Joey
in the video: abusive and traumatizing behavior Matty has
• threatens Matty with hot sauce Asperger's,
• grabs his face, slaps him, speaks to him with threatening Bipolar, and ODD
and sadistic voice
• used foul and abusive language
• asked if he remembers how it burned his mouth
(suggestive of past hot sauce use) interesting how
his behavior
reasons for this evaluation: improved while in
a) to assess his current psychological and emotional foster care
functioning
b) to assess his relative strengths and weaknesses
functioning as a parent
c) to assess for the presence of parental psychological, social, emotional or
behavioral factors that might place children at risk of maltreatment or neglect
while in his care
d) to assess his capacity to function as a predictable, empathic, emotionally
available attachment figure to his children

Joey
stepfather
(35)
Joey and Mariah live
in Sanford, no kids
Mariah Bethany Suzanne currently in the home
(wife) (BM 1) (BM 2)
Matty/Garvey in foster home
Caleb/Danny live with Joey's parents
Matty (3) Kris (4) Kris lives with Joey's mother
Caleb (9)
Garvey (9m) Danny (7)
 Family:
• parents he does not speak well of, says they were abusive
• they were married, divorced, back together
• three siblings, one step sibling → he is second oldest
• went from poor → middle class → poor
• says he would not be upset if his parents were burning on the sidewalk
• says father is on disability but takes the kids 4-wheeling and drinks and drives
• dysfunctional family
• fought with older brother, has problems with younger brother and sister
• was punished with hot sauce and being made to sit in a corner
• has gotten into fist fights with dad
• witnessed DV
• witnessed mom drug dad
Work: Substance abuse:
• construction since age 18 • used to be heavy drinker, smoked a
• builds houses start to finish lot of weed
• says he is a good worker • does not drink now or actively seek
• never been fired, always quit out weed
• makes $ from self employment • one pack cigarettes per day
• no health insurance, rents home
Education:
Medical/psychological: • was in a group home in MA
• scoliosis at birth • went through 11th grade, did not
• ADHD graduate
• chronic back pain but no meds • did not like night school, didn't want
• is miserable from pain to to sit still
• no psych hospitalization • doesn't see point of getting GED
• depression but no suicidality • thinks he may have undiagnosed
• used to hit street signs if frustrated ADHD
• dad used to take lexapro
• counseling for ADHD (age 15 or 16)
• is seeing counselor now joey says his behavior on the
• was mandated to do Kids First video was spanking and
parenting program twice threatening, not abuse
 Criminal history: I guess I did not realize Matty
• 5 arrests was only 3 until page 6 - no
• many police holds wonder he is acting out!
• 3 DUIs
• charged with assault on Matt
• charged with assault on wife, both plead to being mutual combatants
• no license due to DUIs
Social support: Sentence completion self-report unremarkable for overtly
• his wife abusive attitudes - he sees his parenting as adequate
• used to have a best friend but he does not like his wife
Observation - also unremarkable
placing blame elsewhere: for abusive behaviors
• the State of Maine disagrees with him about parenting
• everybody learns in life → sounds like, I had to learn the hard way, so
now you do too
• says his children are brainwashed from the foster home because they
like it there and won't talk to him

tangential in speech
not direct when answering questions
overtly cooperative
Says he likes seeing his kids happy and doing things, childhood should be fun
does not like disciplining, is strict but doesn't go out of his way to spank, follows
through with punishment
No problem yelling/arguing (blames parents)
Says you should be able to spank your child as long as you don't leave a mark
Has used timeout, hot sauce on tongue, belt
FAIs:
• average intelligence , cognitive functioning not a risk factor
• he exaggerates symptoms and pathology excessively
• consistent with ASPD and BPD
• fairly significant ideas of persecution by others
• somatic complaints and low positive emotions
• high number of problematic ideas and symptoms
• a broad tendency to magnify the level of experienced illnes
• a characterological inclination to complain or to be self-pitying
• depressive and pessimistic moods, edgy irritability
• feelings of being cheated, misunderstood, and unappreciated
• likely to be critical and bitter
• may often feel like a victim, overburdened and mistreated
• relationships are tenuous and occasionally turbulent/fighting, antagonism
• characteristic guilt inducing, complaining, and passive-aggressive attitude.
• inclination to act thoughtlessly and irresponsibly
• is generally careless and imprudent
• fails to plan ahead or to consider legal or ethical consequences
• high probability of substance dependence disorder (alcohol)
• significant subscale elevations relative to his feelings of
Distress, Unhappiness, Problems with Children, and Problems with Others
• resulted in high elevation of abuse potential score
• this means he may have the following personality traits:
immature, moody, restless, self-centered, evasive of responsibility, frustrated,
a worrier, pessimistic, depressed, anxious, have more uncomfortable emotional
feelings, will tend to be touchy, over reactive, and irritable with low frustration
tolerance, poor impulse control, and easy frustration
• views Matty as the cause of the family's problems
• has little to no attachment to him
Antisocial Personality Disorder
with borderline features
Anxiety and depression
Alcohol Dependence Disorder
 Discussion 3: analyzing different child abuse evaluation methods
In the module reading and resources
area, you are provided two points of
analysis for one abuse case: the
abuser's self-report and the forensic
psychologist's evaluation. First, read the
self- report responses of the parents in
this case. Based on this, reflect on what
your initial assumptions are about
their parenting capabilities. Then, read
the evaluation and compare your initial
thoughts about the parents to your
thoughts of them after reading the
actual psychological evaluation.
• After reading both of the
documents, what were your
assumptions about the case and
the father? Did your assumptions
change at all after reading the
evaluation?
• Considering all the evidence
you've reviewed, what conclusions
can you draw about the
usefulness of self-reporting in
parental evaluations?

Then, reread: As you read them, use the information provided to paint a picture of
the abusive parent, both as he sees himself and as he is in reality. Consider how his
answers on the self-report match up to the forensic psychologist's evaluation and
what the discrepancy may mean.
 due 3/24
Short Paper: Child Custody Agreements
Research the history of child custody
arrangements in the United States.
Make sure you include the following:

A brief overview of how child

custody arrangements have
evolved over the years
A discussion of the cultural changes
that have affected the evolution of
child custody in the United States,
making sure to explain how specific
societal changes influenced legal
custodial arrangements

A summary of the current trends in

child custody arrangements in the
United States
To include non-traditional parenting such as LGBTQ+
tender years doctrine
best interest of the child standard
Reynolds v Reynolds (1952)
Ginsberg v. New York (1968)
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Adoption and Safe Families Act (ASFA)