Introduction
In the complex world of family court proceedings, few names have generated as much controversy as Mark Kilmer. This Colorado-based psychologist, who spent over two decades evaluating families in contentious custody battles, found himself at the epicenter of a scandal that would ultimately reshape the state’s approach to child custody evaluations.
Kilmer’s fall from grace began in 2022 when investigative journalists uncovered disturbing patterns in his work as a parental responsibility evaluator. What emerged was a troubling picture of a professional whose personal history and questionable practices had gone unchecked for years.
Today, the Mark Kilmer case stands as a stark reminder of what can happen when oversight fails and vulnerable families are left at the mercy of flawed systems. His story has become a catalyst for reform, sparking legislative changes and raising fundamental questions about how we protect children in custody disputes.
Professional Background and Credentials
Mark E. Kilmer’s journey into psychology began with solid academic foundations. He completed his doctoral studies at the California Graduate Institute in Los Angeles, earning his PhD in clinical psychology in 1998. His educational background also includes a master’s degree from Antioch University, credentials that would later open doors in both California and Colorado.
The early years of Kilmer’s career showed promise. After obtaining his California psychology license (PSY 17133) in March 2001, he established himself in private practice while gaining valuable experience at the South Bay Community Resource Center. There, he took on significant responsibilities, including oversight of the chemical dependency treatment program.
His work at the center involved providing intensive therapy services to diverse populations – adults, children, and families dealing with complex psychological challenges. This experience would later inform his approach to custody evaluations, though critics would argue not always in positive ways.
Before transitioning to full-time private practice, Kilmer wore multiple hats in the social services sector. His tenure with the Los Angeles County Department of Children and Family Services exposed him to the intricacies of family dynamics and child welfare. He handled family reunification cases, prepared court reports, and managed foster care placements – work that required both clinical expertise and legal acumen.
At Aspira Foster and Family Services, Kilmer advanced to a supervisory role. He oversaw other social workers while maintaining direct clinical responsibilities, creating treatment plans and conducting assessments that would influence children’s futures. This blend of administrative and clinical work prepared him for the complex role he would later assume in Colorado.
Career in Custody Evaluation
When Kilmer relocated to Colorado in 2004, he brought with him nearly two decades of experience in child and family services. He quickly established Kilmer Psychology Group, PC, in Boulder, positioning himself as an expert in clinical and forensic psychology.
Colorado’s family court system proved to be fertile ground for Kilmer’s expertise. The state had recently begun utilizing parental responsibility evaluators (PREs) as an alternative to court-appointed evaluators. These professionals, funded privately by the families involved, were intended to bring specialized knowledge to complex custody cases.
The role of a PRE extends far beyond traditional therapy. These evaluators conduct comprehensive assessments that can include psychological testing, home visits, interviews with children and parents, and reviews of extensive documentation. Their recommendations often determine where children will live and how much contact they’ll have with each parent.
Kilmer understood the weight of his recommendations. In interviews, he openly acknowledged that judges frequently adopted his suggestions wholesale, sometimes simply copying and pasting his recommendations into official court orders. This level of influence made his approach to evaluating families particularly consequential.
Controversies and Legal Issues
The first cracks in Kilmer’s professional facade appeared in 2006, though they wouldn’t become public knowledge for years. That year, he was arrested following a domestic dispute with his then-wife, who alleged that he had pushed her to the bathroom floor during an argument.
The incident resulted in criminal charges and a restraining order against Kilmer. The court required him to surrender his firearms and ultimately placed him on probation for 24 months. Perhaps most tellingly, the court temporarily stripped him of decision-making authority over his own children due to concerns about his parenting abilities.
Kilmer’s response to these charges would become a pattern throughout his career. He pleaded guilty to harassment in 2007 but later claimed the allegations were fabricated. He attributed his guilty plea to inadequate legal representation, maintaining his innocence while accepting the legal consequences.
The domestic violence incident wasn’t Kilmer’s only brush with professional misconduct. In 2009, the Colorado State Board of Psychologist Examiners sanctioned him for a bizarre breach of confidentiality. The board found that he had shared confidential information about one client with another client in an attempt to arrange a romantic introduction between them.
This violation of basic professional ethics resulted in a year of practice monitoring, but Kilmer was allowed to continue conducting custody evaluations. The board’s decision would later be criticized as insufficient, particularly given the sensitive nature of his work with families in crisis.
The ProPublica Investigation
The house of cards began to collapse in September 2022 when ProPublica published a devastating investigation into Colorado’s custody evaluation system. The report, co-published with The Denver Post, exposed systemic failures and highlighted Kilmer as a particularly problematic figure.
Key Finding: Perhaps the most damning revelation was Kilmer’s own admission that he disbelieved approximately 90% of the abuse allegations he encountered in his evaluations.
This statistic, shared during interviews with investigators, raised immediate questions about his fitness to assess cases involving domestic violence and child abuse. The investigation brought to light the case of Elina Asensio, a teenager whose experience with Kilmer exemplified the problems with the system.
Elina’s father had been charged with felony child abuse after an incident that left her with what investigators described as ligature marks around her neck. When Elina met with Kilmer, she expected him to take her allegations seriously. Instead, she found herself facing an evaluator who seemed uninterested in her account of abuse.
Despite clear evidence of violence and Elina’s own testimony, Kilmer recommended that her father receive equal custody of her siblings and begin reunification therapy with Elina herself. The disconnect between the evidence and Kilmer’s recommendations became a recurring theme in the investigation.
Suspension and Regulatory Response
The ProPublica investigation triggered immediate action from Colorado’s court system. On October 31, 2022, just weeks after the report’s publication, the state suspended Kilmer from conducting custody evaluations pending a review of his “continued suitability” for the role.
Jaime Watman of the State Court Administrator’s Office announced not only Kilmer’s suspension but also a comprehensive audit of all 45 parental responsibility evaluators on the state’s approved roster. This marked an unprecedented review of a system that had operated with minimal oversight for nearly two decades.
The audit revealed troubling patterns that extended beyond Kilmer’s individual case. Investigators found that four PREs on the state roster had been charged with harassment or domestic violence. Even more concerning was the discovery that one in five evaluators had been sanctioned by the state psychology board – a rate six times higher than among all licensed psychologists in Colorado.
These sanctions covered a range of professional misconduct, from misrepresenting credentials to failing to maintain client confidentiality. In one particularly tragic case, an evaluator had failed to disclose a conflict of interest that allegedly contributed to a child’s death.
Impact on Families and Legal System
The revelations about Kilmer and the broader system had profound consequences for families who had been subject to flawed evaluations. Parents began coming forward with stories of having their abuse allegations dismissed or minimized, often with devastating consequences for their children’s safety.
A class-action lawsuit emerged, representing families who alleged that Kilmer’s biased evaluations had favored abusive parents and put children at risk. The financial impact was also significant, as PRE evaluations can cost tens of thousands of dollars, creating additional stress for families already dealing with custody disputes.
The case highlighted fundamental problems with how custody evaluations are conducted and overseen. The private funding model, while intended to expand access to expertise, created potential conflicts of interest when one parent bore the entire cost of an evaluation.
Current Status and Future Implications
Following his suspension, Kilmer’s status as a custody evaluator remains in limbo. While his psychology license remains active, he is no longer authorized to conduct parental responsibility evaluations in Colorado family courts.
The case has catalyzed significant reforms in Colorado’s family court system. Legislation that took effect in January 2022 placed custody evaluators under formal supervision by the State Court Administrator’s Office, addressing the oversight gaps that had allowed problems to persist.
New training requirements mandate that evaluators receive education on identifying domestic violence and child abuse. This addresses one of the key criticisms raised about evaluators’ ability to properly assess abuse allegations in custody cases.
Representative Meg Froelich, who championed the reform legislation, has indicated plans for additional changes. These may include enhanced training for family court judges and implementation of measures similar to Pennsylvania’s Kayden’s Law, which requires specialized training on abuse and domestic violence.
The federal government has also taken notice. President Biden signed legislation incorporating elements of Kayden’s Law into the reauthorized Violence Against Women Act, providing federal funding to states that strengthen their child custody laws.
Conclusion
The Mark Kilmer case represents more than just one professional’s fall from grace. It serves as a wake-up call about the critical importance of oversight in systems that affect vulnerable children and families.
The reforms implemented in Colorado following Kilmer’s suspension may serve as a blueprint for other states facing similar challenges. The ultimate goal remains clear: ensuring that child custody decisions prioritize the safety and well-being of children above all other considerations.
As the dust settles on this controversy, one thing remains certain – the Mark Kilmer case has forever changed how Colorado approaches custody evaluations, and its impact will likely be felt far beyond the state’s borders.
