Forensic Psychology in Family Courts. An incident involving residence, cohabitation, property, and a mental retardation condition

Abstract

This article was established from a forensic clinical investigation in the area of forensic psychology in 2022, in which the Defendant participated as evidence offered in a Family Court in Mexico. This related to a special divorce proceeding with cohabitation and property issues. Therefore, said legal representative (father) requested us to examine a minor, who was linked to a psychological condition and circumstances over which some assets were in dispute, according to the Plaintiff, represented by the adolescent's mother. The objective was to determine the current psychological state and behavior of the 14-year-old (hereinafter referred to as Daniel, withholding his identity) at the time of his psychological evaluation, with an evidently younger clinical age in reference to his actual years. The mental condition of the person assessed was undoubtedly severe, even at first and cursory examination. The studies conducted were aimed at evaluating the patient's cognitive structure without ruling out emotional aspects, in order to determine, based on the data, the patient's clinical status and the possibility that environmental factors could alter, diminish, or influence the "functionality" acquired until then, given that this was part of the disputed facts in the legal dispute. Our work was aimed from the outset at determining whether the level of mental severity could negatively increase if the patient changed residence or domicile, as the plaintiff alleged in court.