Why Family Courts Are Increasingly Using Behavioral Health Professionals in High-Conflict Custody Cases

By Heather T. Landry, LPC-S, LPC, LMHC, CPCFlorida, Louisiana, Washington, Texas, and Nevada

Family Court Cases Have Changed

Family law has become increasingly complex over the past decade. While many custody matters are resolved through negotiation or mediation, a growing number involve ongoing conflict, repeated litigation, communication breakdowns, mental health concerns, family transitions, and children experiencing significant stress.

As these cases become more complex, courts are increasingly relying on multidisciplinary collaboration between legal and behavioral health professionals to help families move beyond litigation and toward healthier functioning. Professional organizations and recent educational initiatives continue to emphasize improving collaboration, evaluator qualifications, and consistency in family court practices.

Behavioral health professionals do not replace judges or attorneys. Instead, they provide specialized services that may assist families and the court within the professional's role, qualifications, and the authority granted by law or court order.

A Common Misconception

One of the biggest misconceptions is that all behavioral health professionals perform the same function in family court.

They do not.

Depending on the referral question, the needs of the family, and applicable laws, different professionals may serve very different roles.

Examples include:

• Parent Coordinators

• Reunification Therapists

• Custody or Parenting Evaluators

• Individual Therapists

• Child Therapists

• Parenting Educators

• Mediators

• Substance Use Professionals

• Behavioral Consultants

Each role has a distinct purpose, ethical obligations, and limitations.

Selecting the appropriate service is often one of the most important decisions made during a family law case.

Why Courts Utilize Behavioral Health Professionals

Behavioral health professionals may assist when families experience challenges such as:

• Chronic parental conflict

• Difficulty implementing parenting plans

• Parent-child relationship concerns

• Communication breakdowns

• Behavioral or emotional concerns involving children

• Parenting capacity questions

• Family transitions following separation or divorce

• The need for specialized assessments or therapeutic interventions

The objective is not to "win" a case.

The objective is to support healthier decision-making, reduce conflict where appropriate, and promote the child's best interests within the scope of the professional's role.

Parent Coordination

When parents continue experiencing significant conflict after court orders have been entered, Parent Coordination may provide structured assistance with implementing parenting plans, improving communication, and resolving child-related disputes within the authority granted by the court.

Parent Coordination is particularly beneficial when families experience:

• Frequent disagreements regarding exchanges

• School-related disputes

• Healthcare disagreements

• Communication difficulties

• Repeated returns to court over parenting implementation issues

The Parent Coordinator remains neutral and does not serve as either parent's therapist or attorney.

PBHBCC offers these telehealth services in Florida, Louisiana, Washington, and Nevada.

Reunification Therapy

Sometimes the primary concern is not communication between parents. It is the relationship between a parent and child.

Reunification Therapy focuses on supporting healthier parent-child relationships following periods of disrupted contact or significant relational strain when clinically appropriate.

Depending upon the referral, therapy may include:

• Individual sessions

• Parent preparation

• Child preparation

• Joint parent-child sessions

• Family systems interventions

• Communication coaching

Every case progresses differently based upon the family's unique circumstances.

PBHBCC offers these services in Florida, Louisiana, Washington, Texas and Nevada.

Custody/Parenting Evaluations and Brief Focused Risk Assessment

In some jurisdictions and under appropriate legal authority, courts may appoint qualified professionals to conduct custody or parenting evaluations.

These evaluations differ significantly from therapy.

Rather than providing treatment, the evaluator gathers information from multiple sources using a structured process designed to address the specific referral questions presented to the court.

A quality psycholegal evaluation emphasizes objectivity, systematic information gathering, awareness of potential bias, and adherence to professional standards.

PBHBCC offers these telehealth services in Louisiana, Washington, and Nevada.

The Importance of Neutrality

One of the defining characteristics of court-involved behavioral health work is neutrality.

Unlike an individual therapist, whose primary responsibility is to their client, many psycholegal roles require the professional to maintain neutrality while operating within the scope of the appointment.

Therefore, an individual therapist should not create a dual relationship by providing psycholegal services or requests associated with psycholegal services.

This distinction is important because families often misunderstand the purpose of court-related services.

Behavioral health professionals working in psycholegal settings are not advocates for either parent.

Instead, they are expected to:

• Maintain professional boundaries

• Follow applicable laws and court orders

• Gather information systematically

• Avoid conflicts of interest

• Remain impartial throughout the process

Why Collaboration Matters

Family court cases rarely involve only one professional.

Effective collaboration may include communication among:

• Attorneys

• Judges

• Guardian ad Litems

• Custody and Parent Plan Evaluators

• Parent Coordinators

• Reunification Therapists

• Medical providers

• Schools

• Child advocacy professionals

• Other authorized collateral sources

Each professional contributes expertise within their own role.

When these professionals communicate appropriately and remain within their respective scopes of practice, families often experience greater consistency and fewer misunderstandings.

Recent Developments

Across the country, courts, attorneys, and behavioral health professionals continue discussing ways to improve consistency, reduce unnecessary litigation, strengthen multidisciplinary collaboration, and enhance the quality of family court services. Professional conferences have increasingly focused on evaluator qualifications, interdisciplinary teamwork, the ethical use of technology, and improving child-focused outcomes in complex custody matters.

At the same time, the growing use of artificial intelligence in legal practice has created new opportunities and new challenges. AI may assist with administrative tasks or document organization, but it should not replace individualized professional judgment, clinical assessment, or judicial decision-making in high-conflict family matters.

How Families Can Benefit

When the appropriate service is matched to the appropriate need, families may experience:

• Reduced conflict

• Improved communication

• Better implementation of parenting plans

• Healthier parent-child relationships

• More effective problem-solving

• Increased focus on the child's developmental needs

• Reduced reliance on repeated court intervention

Every family is different, and no single service is appropriate for every case.

Frequently Asked Questions

Does every custody case require a behavioral health professional?

No. Many families successfully resolve disputes without ongoing behavioral health involvement. Specialized services are generally considered when the complexity of the case warrants additional support.

Can one professional perform every role?

No. Ethical obligations, professional standards, licensing requirements, court orders, and jurisdiction-specific laws often distinguish between therapeutic, evaluative, and dispute-resolution roles.

Does a behavioral health professional decide custody?

No. Custody determinations remain the responsibility of the court. Behavioral health professionals provide services only within the scope of their appointment or therapeutic relationship.

Choosing the Right Service

Understanding the difference between Parent Coordination, Reunification Therapy, custody evaluations, psychotherapy, and behavioral consultation is essential.

Selecting the wrong service can delay progress, increase self-pay costs, and create unnecessary frustration.

Selecting the appropriate service helps ensure families receive interventions that match their specific needs while respecting legal, ethical, and professional boundaries.

PBH Behavioral Consulting & Counseling

PBH Behavioral Consulting & Counseling (PBHBCC) provides telehealth specialized behavioral health and psycholegal services designed to support children, families, attorneys, organizations, and courts.

Services are provided within the applicable scope of practice, governing laws, professional ethics, and any applicable court orders. PBHBCC is committed to neutrality, procedural fairness, multidisciplinary collaboration, and child-focused practice while recognizing that every family presents with unique circumstances requiring individualized consideration.

If you are an attorney, judge, organization, or family seeking guidance regarding Parent Coordination, Reunification Therapy, Custody and Parent Plan Evaluations, Brief Focused Risk Assessments, psycholegal consultation, or other behavioral health services, PBHBCC welcomes the opportunity to discuss whether the requested service is appropriate for your needs.

About the Author

Heather T. Landry is a Licensed Mental Health Professional licensed in Florida, Louisiana, Texas, Washington, and Nevada. Her practice focuses on high-conflict family systems, Parent Coordination, Reunification Therapy, psycholegal services, organizational behavioral leadership, and multidisciplinary collaboration.