In custody and visitation cases in New York Family Court, the opinions of forensic evaluators can carry tremendous weight. These evaluators—typically psychologists, psychiatrists, or social workers—are appointed by the court to assess the mental health of the parties, the needs of the children, and each parent’s capacity to provide safe and appropriate care. However, for decades, critics have pointed out the lack of oversight and training among evaluators, particularly in cases involving domestic violence.
Fortunately, New York lawmakers have responded. Chapter 740 of the Laws of 2022 and its amendment by Chapter 23 of the Laws of 2023 now mandate domestic violence training for court-appointed forensic evaluators. These changes are aimed at improving the quality of evaluations and ensuring that custody decisions prioritize child safety and trauma awareness.
At Gilmer Law Firm, PLLC, our Brooklyn-based custody lawyers frequently represent survivors of domestic violence, and we understand how critical it is that forensic evaluations reflect the lived reality of abuse survivors. This blog outlines what these new legal standards mean for family law cases across New York.
Why the Old System Failed
Historically, forensic evaluators in New York were not required to complete any formal training related to domestic violence, coercive control, or childhood trauma. As a result, many evaluators minimized or misunderstood abuse allegations—often attributing a child’s fear or reluctance to “parental alienation” rather than real safety concerns.
In 2021, the Governor’s Blue Ribbon Commission on Forensic Custody Evaluators found widespread deficiencies in evaluator training and inconsistent practices across jurisdictions. Some evaluators failed to recognize controlling behavior as a form of abuse. Others recommended joint custody in highly unsafe situations.
New Requirements for Forensic Evaluators
Under the amended Domestic Relations Law § 240(1)(a-4), courts may only appoint forensic evaluators who are:
– Licensed psychologists, social workers, or psychiatrists in New York State,
– Certified as having completed domestic violence and child abuse training within the past two years.
This biennial training must include modules on coercive control, trauma (particularly sexual trauma), psychological effects of abuse, and the risks associated with adverse childhood experiences (ACEs).
The Office for the Prevention of Domestic Violence (OPDV), in partnership with the New York State Coalition Against Domestic Violence (NYSCADV), is responsible for developing and updating the training curriculum.
What This Means for Custody Cases
Forensic evaluators now have a duty to consider the dynamics of abuse in their assessments. This means looking beyond surface-level interactions and understanding how trauma can affect a child’s behavior and a parent’s presentation. It also places pressure on courts to reject evaluations from unqualified professionals.
Attorneys must now ask: Did the evaluator complete the required training? Is their report trauma-informed? Are the conclusions rooted in evidence and compliant with best practices?
At Gilmer Law Firm, PLLC, we challenge biased or outdated forensic reports and demand that evaluators adhere to these new statutory standards.
Remote Evaluations and Out-of-State Children
The 2023 amendment allows for remote forensic evaluations when a child lives more than 100 miles outside New York. This offers flexibility for families in multi-state situations while preserving confidentiality protections during virtual sessions.
Why This Reform Matters in New York
In New York City Family Courts custody cases involving allegations of domestic violence are common. Survivors rely on forensic evaluations to help substantiate their claims and protect their children. With proper training now mandated, courts are better positioned to make informed, child-focused decisions.
If you are involved in a custody dispute and believe domestic violence is being overlooked or misunderstood, you need an experienced attorney who understands the new legal landscape. At Gilmer Law Firm, we work closely with trauma-informed professionals and aggressively advocate for child safety.
Conclusion
The recent reforms to New York’s forensic evaluator law mark a significant victory for child safety and justice in custody litigation. The Gilmer Law Firm, PLLC remains committed to ensuring every custody evaluation meets the legal and ethical standards our families deserve.
If you’re navigating a high-conflict custody dispute in Brooklyn, NY, call us today at (718) 864-2011 or visit us at 15 Metrotech Center, 7th Floor, Brooklyn, NY 11201. Let us help you protect your children and your rights.
