A parent in a contested custody battle has no right to counsel at a court-ordered psychological assessment, even if it is common practice, according to an upstate judge who would shift the burden of proof from the mental health professional to the attorney.
Acting Supreme Court Justice Richard Dollinger of Rochester (See Profile) said it should not fall to the psychologist to explain why the presence of a third party would undercut an evaluation, but rather to the attorney to show why his attendance is necessary to protect the client’s rights.
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