This is a letter and proposal addressed to the Governor of New York. I hope to help the government create a system to more accurately and fairly analyze the parent/child relationships and prevent further battering of abused parents, the manipulation of narcissistic or other abusers in the court system and help our future generations. Eventually also including a clause to support our Judges and AFC attorneys in providing working opportunities that involve giving them a chance to be a part of positive family interactions and hopefully decrease the amount of burn out that they experience in their profession. I am grateful for your help in supporting me on this issue, which I am very passionate about, with your signature.

 

Dear Governor,

I am writing in interest to support your stance on the inefficacy of the current role of a forensic evaluator in the process of determining what is in the child's best interest in custody cases. It would be an honor to have the opportunity to be involved and help our future generations. I have a multiperspective understanding from my involvement in a weekly group through the local Women's Center. Furthermore, I have a degree in documentary studies and offer a mother's, who has been through this system and process, perspective and input. Additionally, I have been fortunate to get perspectives from both male and female friends who share their experience of how challenging going through the system has been. My attorney is highly supportive of my mission as is the forensic evaluator who has been handling my case and will be retiring soon. I truly enjoy being an active part of the community and am very passionate about supporting our future generations and improving systems.

To demonstrate my views, I am sharing some of my ideas and thoughts on the evaluation process in custody cases. It is my hope that these may help formulate a new and more effective protocol for evaluating parental and child relationships when custody is in question.

Thank you for your commending leadership and service to the state of New York.

Sincerely, 
Maria DAgostino 

PROPOSAL FOR FORENSIC REMODEL AND PERSONAL OBSERVATIONS OF SYSTEM REGARDING CUSTODY EVALUATION 

1. My draft of a proposal for protocols that may provide a more thorough analysis of the parent/child relationship:

A. There should be a minimum of 3 evaluators/psychologists or other professional in this area involved in this process. At least one male and one female and one of which must be a parent. This helps ensure that it includes more than one perspective. If possible, set it up so that there is a small panel of people, like a jury, to review each of the parent/child sessions. Or record sessions so that they may be reviewed at a later date by a "jury" of individuals, attorneys and judge.

B. The evaluation time frame should be setup weekly for a period of at least 8 weeks. With the option to continue on a monthly or less frequent basis in higher conflict situations. Both parents are required to have an hour of visitation with one or multiple evaluators present. There would be one or two home sessions and the rest in an office in which different types of activities are available. The specific activities that each parents selects to engage with child can also provide information. 

C. Transitions from one parent to the other should happen at the evaluation at least 3 times from each parent to the other with evaluators present and possibly be recorded. Depending on the nature of the conflict between parents, this could provide a safe place for any future transfers of the child.

D. If child/parent is in therapy, the therapist may be allowed to review and give input on the information collected in the first few sessions if not the whole process. 

E. Weekly therapy sessions, for navigating coparenting, parenting techniques and anything that may help support individuals in such situations, must be attended by each parent independent of the ones involving child during the 8 weeks. If child is under the age in which the courts take into account what they say, then extensive sessions must happen with both parents to ascertain the child's safety. All information documenting a parent's un/involvement in child's life, safety issues, anger issues, drug usage and abusive tendencies must be thoroughly investigated. Especially in instances in which one or both parents have access to guns for work or an interest in hobbies such as hunting or target shooting.

F. Eliminate the position of the attorney for the child and single forensic evaluator unless child is of age to have a voice in the court system. Use these financial resources towards payment for a more effective extensive analysis. Appoint one of the evaluators involved as the child's advocate and or work closely with the attorney for the child to be involved in all court conferences.

G. The $10,000 we paid to the forensic evaluator and over $7,500 paid to the child's attorney could be used for a more effective government agency or program. This program would be mandatory for all high conflict custody cases and implemented within 2 months of the date the custody case commences. Hopefully helping eliminate some of the financial burden on parents due current process that tends to be arduous and unjust.

H. After 2 month forensic evaluation is complete, evaluators should be meeting monthly or on a consistent basis with all parties involved until custody agreement is reached and signed. 

 

2. My observations from personal experience:

A. This report currently offers one perception, analysis, and onion of a white middle aged male, in my case. Which was based on people he met on 2 occasions. He observed us interacting with the child for about half an hour each on one occasion. How can this analysis be considered accurate and justify $10,000 worth of service? 

B. In the report, he stated that one party was not fourth coming with much information. How can a report be accurate if someone is unwilling to fully cooperate in one session on one day? Or having an off day on that one day of evaluation?

C. Evaluator allowed one party to give him information after the evaluation was complete and used this information in his report. Failing to contact the other party involved to allow both sides accounts of the incident to be considered in formulating his report. This indicates that the evaluator has not fairly considered or evaluated all evidence. 

D. Forensic's recommendation for visitation, which is what seems to be the "normal visitation" is inconsistent with the findings of his report. It is unjust to conform everyone to a cookie cutter normal visitation schedule. Every case is as different as the individuals who are involved in it.

E. Forensic evaluator stated that he knew the type of parent I was in our meeting where we were to discuss my parenting and did not give me an opportunity to state my case. Yet, his final report was extensively inaccurate. 

F. To my knowledge, the Attorney for the Child did not reach out to the child's therapist or school throughout the whole process.

G. Forensic evaluator asked very direct questions to personal and child's therapist, which guided their responses to conform and support his bias perspective. Pretty much anything can be proven one way or the other depending on where a persons focus is directed.

H. Forensic evaluator discredited my therapist's, who has been meeting with me weekly for the past year, diagnosis and views. The other party did not have a therapist and therefore there was no information given to this nature on his behalf. The child's therapist was only in contact with one parent and unable to observe and comment on the other. This is unequal and unfair evaluation since one party is providing multiple facets of information and the other provided none.

I. Evaluator asked if I knew that I was a victim of domestic violence during my evaluation. Yet, in the final report stated that I was not.

J. How can it be fair that a person is not allowed to review the forensic report with the evaluator to understand why the evaluator came to the conclusions he/she did? This would help in the betterment of the individuals and the children's future.