Question: Based on what my daughters(ages 6 and 9)told me about the way in which husband treated them when he was alone with him, during our divorce, I objected to him visiting with the children alone. The judge appointed a lawyer to act as guardian ad litem for the children and a private psychologist to evaluate me, my husband, and the children. My husband and I were obligated to equally share the costs.

I told the psychologist about the problem, as did my children, but I knew then that she didn't believe me. Based on her report, the judge gave my husband unsupervised visits with the children. After the third weekend visit, he sexually abused both of them. Now that he has been charged and is awaiting trial, the judge finally terminated his rights, but the damage has been done. My children will be in therapy for years, and their lives - and mine -- have been permanently disrupted. Can I sue the psychologist to make her pay for this avoidable tragedy?

Answer: Although the answer to your question may vary from state to state, generally speaking, based on what is known as "quasi-judicial immunity," probably not.

When a judge orders a psychologist to interview and evaluate family members in custody proceedings, the psychologist is acting in a somewhat judicial capacity by assisting the judge in determining what is in the children's best interests.

By appointing a psychologist to assist in making a decision concerning custody or visitation, the court is depending on that professional to act as a neutral fact-finder for the court, which is an integral and necessary part of the judicial process. The judge is asking the psychologist to use his/her discretion and independent judgment to evaluate the situation and make a recommendation to the Court. As such, the psychologist is acting in somewhat of a judicial role. Since judges and juries are immune from suit, in most instances, so are those persons who are appointed by the court as neutrals.

The main purpose behind the immunity doctrine is make sure that those who participate in the judicial process are able to make independent decisions without being subjected to the fear that may result from a threat of personal liability. Without immunity, it is unlikely that psychologists and other professionals who are appointed by the courts will participate in the proceedings.

If you were uncomfortable with the manner in which the psychologist was receiving the information you were providing, you should have contacted your attorney who, in turn, could have brought your concerns to the court and, if necessary, could have moved to replace the psychologist. At least in this way, the court could have been informed of your concerns.

Since the laws may vary from state to state, we suggest that you consult with an attorney where you live to get the "final answer" to your question.

Question: Twelve years ago, after our young niece gave birth to a son without the benefit of a husband and with no way to take care of him, my wife and I took him in and raised him as our own. He carries our name, and we have provided all support for him. Although we never adopted him legally, we have claimed him as a dependent son on our tax returns. Our niece has been out of the picture. My wife and I have now separated, and she claims that I am obligated to support my grandnephew. My lawyer says this is preposterous, but has not done much to back up his claim. Can I be made to support this child?

Answer: Yes. Under a growing theory used by some court called "equitable adoption," an "equitable" parent has been held responsible for supporting a child in his or her custody. This theory is based upon public policy which calls for the protection of children based upon the circumstances of each case. Here, you and your wife have voluntarily taken custody of a child and have provided support for 12 years. We believe that a court will think long and hard before letting you off the hook.