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Forensic counseling may be defined as the application of counseling values and philosophy to persons involved in the legal process. In order for this to occur, one of four processes must take place. The first is concerned with the counselor's intellectual comprehension of criminal behavior, including sexual crimes, spousal abuse, behavioral problems indicating an antisocial outlook, and continuous criminal offenses. Second, counselors should be aware of deterrence issues and have the ability to diagnose various disorders; moreover, the counselor should be very familiar with the factors that are likely to precipitate illegal behavior. Third, a counselor should be familiar with assessment instruments used in diagnosis and should be able to establish a personalized treatment plan for the offender. Last, the counselor should know how to initiate a counseling intervention that has a primary goal of eradicating the client's problematic behavior.

Custody Evaluations

Family courts frequently use forensic counselors. For instance, when former spouses contest a judge's ruling regarding custody, an investigation may be ordered to determine the best custodial situation for the child (this is commonly called a custody evaluation). While not obligatory, a custody evaluation is prepared when parents have difficulty reaching an equitable arrangement. A first-class custody evaluation will have the following:

  • A bare minimum of one (though it is usually more) separate interview each with the mother and father, with a total of three hours with each
  • A minimum of one interview with the child or children with the parents absent
  • An interview with the child's preschool, elementary, or high school teachers as well as any other adults that have a connection with the child
  • For young children, observation of any contact between the child and the parents
  • A criminal background check on each parent

Divorce Counseling

During divorce proceedings, judges often request counseling for couples and their children before agreeing to the attorney's writ of divorcement. Divorce adjustment therapy can aid adults and children during this difficult transition. Children often react to divorce with sadness or resentment or conduct themselves in an inappropriate fashion; consequently, impairment in academic performance occurs. In addition, regression takes place in younger children, and both mother and father report that their child's behavior is what they would expect from a younger child. Any of these symptoms reflects a child experiencing a disturbance, and if the child receives no help, his or her symptoms could grow worse. Mental health counseling aids children and adolescents to come to terms with the changes resulting from the divorce and minimize its influence. An effective counselor assists parents to formulate the best method for managing their children.

Children are not the only individuals needing counseling—their parents need to be taught how to manage themselves throughout the divorce. This is especially true for the individual not seeking the divorce but needing to accept his or her spouse's demand for the legal termination of their marriage. Common symptoms include depression, anxiety, insomnia, and hypersom-nia. The primary goal of therapy in this situation is to help the individual come to terms with the impending demise of his or her marriage.

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