Some lawyers require psychological testing for clients before agreeing to represent clients in custody cases. Other lawyers do not screen out clients through testing, but consult with mental health experts to prepare for custody trials. The experts help determine whether psychological testing should be done and interpret the results. But psychology has its limits. To match profiles, some experts ask both parents and the children to submit to psychological testing.
Experts come with different educational backgrounds and training.
Many are impressed by the medical degree held by psychiatrists, but some observers believe psychologists have the more appropriate background and training for custody cases. For example, if a spouse suffers from a major mental illness such as schizophrenia, the court will hold a hearing to determine whether the spouse is competent to participate meaningfully in the divorce action. If the spouse is ruled incompetent, the judge appoints a guardian ad litem who in essence becomes the incompetent spouse for purposes of the divorce litigation and is entitled to be represented by counsel. On advice of counsel the guardian ad litem can sign a separation agreement or participate in the divorce trial.