Divorce proceedings include custody decisions regarding any involved children. If the parents cannot agree on a custody plan, or wish to modify an existing agreement, the court may order a child custody evaluation.
Courts may also order such an evaluation if one or both parents have a mental health issue, or if there has been a charge of domestic violence. During this assessment, a qualified mental health professional meets with both parents and the child and prepares a recommendation for the judge.
Jurisdictions may leave the choice of evaluator up to the judge or to the parents. In some cases, each parent may select their own professional to conduct the evaluation. Private custody evaluations add an additional cost; evaluations conducted by court-appointed evaluators are more affordable.
During the evaluation, the mental health professional interviews several adults with direct knowledge of the family. This includes relatives, educators, and close friends. The professional also interviews both parents and the child separately.
Evaluators are expected to be neutral in their assessments. They consider practical aspects alongside emotional and psychological factors. For example, evaluators will review the family’s daily schedule and how this affects the child’s experience. They will also consider how each parent is coping with the separation, and their flexibility and openness to healthy co-parenting.
In addition, evaluators obtain data through observation. They may accompany the parents and children in several settings, including the parents' workplaces and the family’s residence. In some circumstances, the evaluator may order psychological testing to assess personality. While these tests are widely used, evaluators typically weigh other information gathered from personal interviews and records more heavily.
While undergoing a custody evaluation can be stressful for parents, it is in their best interest to keep their emotions in check. Family law experts advise parents to keep all interactions with the evaluator focused on the children and their well-being.
After gathering data, the evaluator will draft a report that includes several recommendations for deciding custody arrangements. The report often contains a suggested visitation schedule. It may also advise families experiencing high levels of conflict to work with a therapist.
If either parent has mental health or substance use issues, the evaluator may include recommendations to ensure they are able to parent to the best of their ability. Some evaluations must be reassessed at a later date. This applies especially to infants and young children, whose emotional and physical needs change drastically as they get older.
Some parents make the error of discussing personal topics with the evaluator. Not only is this inappropriate, as the evaluator is not a therapist, but it can also be detrimental to the parent’s case. Parents should work closely with their attorneys to prepare for the evaluation and understand their legal rights.
Evaluators are trained to be neutral and minimize bias in making their determination. However, as with any expert testimony, an evaluator’s conclusion can be shaped by their past experiences and beliefs. For this reason, family lawyers often recommend cross-examining a child custody evaluation or seeking a second evaluator.
Parents have the right to appeal the evaluator’s recommendation before the court. In the end, the judge has the discretion to follow all, a portion, or none of the evaluator’s recommendations.
Courts may also order such an evaluation if one or both parents have a mental health issue, or if there has been a charge of domestic violence. During this assessment, a qualified mental health professional meets with both parents and the child and prepares a recommendation for the judge.
Jurisdictions may leave the choice of evaluator up to the judge or to the parents. In some cases, each parent may select their own professional to conduct the evaluation. Private custody evaluations add an additional cost; evaluations conducted by court-appointed evaluators are more affordable.
During the evaluation, the mental health professional interviews several adults with direct knowledge of the family. This includes relatives, educators, and close friends. The professional also interviews both parents and the child separately.
Evaluators are expected to be neutral in their assessments. They consider practical aspects alongside emotional and psychological factors. For example, evaluators will review the family’s daily schedule and how this affects the child’s experience. They will also consider how each parent is coping with the separation, and their flexibility and openness to healthy co-parenting.
In addition, evaluators obtain data through observation. They may accompany the parents and children in several settings, including the parents' workplaces and the family’s residence. In some circumstances, the evaluator may order psychological testing to assess personality. While these tests are widely used, evaluators typically weigh other information gathered from personal interviews and records more heavily.
While undergoing a custody evaluation can be stressful for parents, it is in their best interest to keep their emotions in check. Family law experts advise parents to keep all interactions with the evaluator focused on the children and their well-being.
After gathering data, the evaluator will draft a report that includes several recommendations for deciding custody arrangements. The report often contains a suggested visitation schedule. It may also advise families experiencing high levels of conflict to work with a therapist.
If either parent has mental health or substance use issues, the evaluator may include recommendations to ensure they are able to parent to the best of their ability. Some evaluations must be reassessed at a later date. This applies especially to infants and young children, whose emotional and physical needs change drastically as they get older.
Some parents make the error of discussing personal topics with the evaluator. Not only is this inappropriate, as the evaluator is not a therapist, but it can also be detrimental to the parent’s case. Parents should work closely with their attorneys to prepare for the evaluation and understand their legal rights.
Evaluators are trained to be neutral and minimize bias in making their determination. However, as with any expert testimony, an evaluator’s conclusion can be shaped by their past experiences and beliefs. For this reason, family lawyers often recommend cross-examining a child custody evaluation or seeking a second evaluator.
Parents have the right to appeal the evaluator’s recommendation before the court. In the end, the judge has the discretion to follow all, a portion, or none of the evaluator’s recommendations.
