Question: My husband and I are separated, and he was given weekend visits with our two daughters, ages six and nine. After three successive visits, they both told me at different times about the way my husband treated them when they were alone. I objected to his visiting with them alone, and the judge appointed a lawyer to be their guardian ad litem and appointed a private psychologist to evaluate all of us.

Even though the children told the same story, the psychologist’s reports accused me of brainwashing my girls. Based on this, the judge reinstated my husband’s unsupervised visits with the children. Two months later, he had sexually abused them both. 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, that person is acting in a somewhat judicial capacity by assisting the judge in determining what is in the children’s best interests. The court is depending on that professional to act as a neutral fact-finder, which, in custody cases, is an integral and necessary part of the judicial process. Since judges and juries are immune from lawsuits, in most instances, so are those persons who are appointed by the court as “neutrals.”

Without immunity for judicially appointed experts, it is unlikely that psychologists and other professionals appointed by the courts would participate in the proceedings.

If you were uncomfortable with the way 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 filed a motion to replace the psychologist.

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: Eight years ago, my wife and I took in a baby born out of wedlock to my wife’s youngest niece. The child carries our name, and we have provided all support for her. Even though we have not adopted her, we have claimed her as a dependent on our tax returns. Our niece has been out of the picture. Three months ago, my wife left me, took the child with her, and claims that I am legally obligated to support the child. My lawyer says this is hogwash. Can I be made to support this child?

Answer: While it is up to the court, we believe the short answer is “yes.” Under a theory used by some courts 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 eight years. We believe that a court will think long and hard before letting you off the hook.