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Mark Abzug

Could a therapist’s testimony hurt your custody case?

On Behalf of | Mar 19, 2025 | Child Custody

When it comes to custody battles, parents tend to seek every possible advantage they can use to secure the best outcome for their children. If the child has a therapist, one strategy that frequently comes to mind is enlisting them to testify. After all, who better to speak about a child’s emotional well-being than the professional tasked with nurturing it? However, this seemingly logical approach can be a double-edged sword, potentially causing more harm than good. If you are considering involving your child’s therapist in your case, understanding the possible implications of this move is crucial.

The pros: When expert opinion tips the scales

By sharing their expertise, a therapist can help the court identify the most critical factors impacting child welfare. They can shed light on the child’s attachment style, emotional stability and developmental stage. They can also offer insights into the dynamics of the child’s relationship with each parent, from the quality of their bond to conflict resolution strategies.

The cons: When the testimony backfires

Understandably, many mental health professionals hesitate to get involved in divorce and custody cases. They face a challenging dilemma whenever they are asked to testify, as their role is to help their clients and not judge family situations. This conflict can make them uncomfortable witnesses. If a therapist does agree to testify but appears reluctant or hostile on the stand, it could hurt your case, no matter what they say.

Furthermore, judges might negatively view your attempt to bring the therapist into court. They often see this as intruding on the child’s private therapy sessions. Remember, the court’s primary concern is your child’s well-being, and they want to protect the trust between the child and their therapist.

Weighing the risks

So, is involving your child’s psychotherapist right for your case? The answer to this question is not always clear-cut. Expert insights can strengthen your position in your pursuit for your child’s custody, but the risks are also significant. Consider consulting with your attorney to evaluate how a therapist’s testimony might impact your case. Remember, protecting your child’s mental health and trust in their therapist often outweighs any potential courtroom advantage. Ultimately, the most powerful testimony in your favor may come from your own actions as a caring, responsible parent.

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