Senate Bill sb2050e1

    CS for CS for SB 2050                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to child custody evaluations;

  3         providing a presumption of good faith for the

  4         actions of a court-appointed psychologist who

  5         conducts a child custody evaluation;

  6         prohibiting anonymous complaints; providing for

  7         the court to appoint another psychologist;

  8         providing for the court to award attorney's

  9         fees and reasonable court costs; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Child custody evaluations; presumption of

15  psychologist's good faith; prerequisite to parent's filing

16  suit; award of fees, costs, reimbursement.--

17         (1)  A psychologist who has been appointed by the court

18  to conduct a child custody evaluation in a judicial proceeding

19  is presumed to be acting in good faith if the evaluation has

20  been conducted pursuant to standards that a reasonable

21  psychologist would have used as recommended by the American

22  Psychological Association's guidelines for child custody

23  evaluation in divorce proceedings.

24         (2)  An administrative complaint against a

25  court-appointed psychologist which relates to a child custody

26  evaluation conducted by the psychologist may not be filed

27  anonymously. The individual who files such an administrative

28  complaint must include in the complaint his or her name,

29  address, and telephone number.

30         (3)  A civil action or an administrative proceeding may

31  not be filed against a court-appointed psychologist as a


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    CS for CS for SB 2050                          First Engrossed



 1  result of a child custody evaluation unless the court

 2  appointing the psychologist first finds, upon petition of any

 3  party to the action or proceeding, that the psychologist

 4  failed to act in good faith in conducting the child custody

 5  evaluation. If the court finds a lack of good faith, the court

 6  shall appoint another psychologist to conduct a further child

 7  custody evaluation. The court shall make a determination as to

 8  who is responsible for the court costs and attorney's fees

 9  associated with this section.

10         Section 2.  This act shall take effect July 1, 2003.

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