Whether you’re going through a contentious divorce, or you’re battling with your ex-partner after a breakup, child custody issues can be frustrating, emotional, and terrifying. Courts encourage parents to work together to create an ideal custody and parenting time arrangement for their family, but if you can’t agree, you'll end up in court, where a judge may require your family to participate in a child custody evaluation.
What Is a Child Custody Evaluation?
The court’s goal in every custody case is to ensure that the custody arrangements meet and protect the child’s best interests. In a custody evaluation, a professional evaluator will act as a neutral expert witness for the court and will examine the family dynamics, interview both parents, the children, and any other individuals that may offer insight into the family. The purpose of the investigation is to evaluate the children’s needs and each parent’s ability to meet those needs. The custody evaluator may be a social worker, therapist, attorney, or in some states, friend of the court.
After completing an investigation, the evaluator will prepare a written report of findings for the court that includes a recommendation for custody and visitation. Before deciding which parent should have primary custody of the child, the court will consider the evaluator’s report, in addition to any other information the judge believes is necessary to benefit the child.
What Should I Expect During My Evaluation?
Most investigations begin with each parent individually meeting with the evaluator to talk about that parent’s role in the child’s life. Parents can agree to interview together, but ultimately, it’s up to the evaluator to decide. Typically, the evaluator is interested in knowing which parent was primarily responsible for the child’s daily needs, like bathing, meal preparation, and homework responsibilities.
The evaluator may also request details as to why each parent would rather go through a court evaluation instead of agreeing to a custody and parenting time agreement that works for both parents. If there’s a history of domestic violence or substance abuse, the evaluator will also consider that before making a recommendation.
In addition to interviews, most evaluators utilize a variety of methods to collect information.
Questionnaires
A typical custody evaluation questionnaire may include questions about the breakdown of the parent’s relationship, past family dynamics, and social history information on both parents and the children.
Observation and Home Visits
Direct observation is one of the most helpful methods for gathering information. The evaluator is interested in how each parent interacts with the child and how the child responds to each parent. Your evaluator may schedule a home visit with each parent (or one visit if the parents still live in the same home.)
During the home visit, the evaluator will observe how each parent disciplines the child, whether the parent’s play with the child, and each parent’s parenting style.
One of the most crucial steps in the home visit is for the evaluator to assess the condition of the home and whether it’s appropriate for the child. If one parent is seeking primary physical custody, it’s essential that the residence be safe, comfortable, and fit. For example, if a parent wants primary physical custody of the child, but the house only has one bedroom, no running water, or has other issues, physical custody may not be appropriate.
Psychological Testing and Access to Records
Depending on your case, the evaluator may request psychological or other testing for the parents and the children. Testing is especially common in families where one parent alleges domestic violence or substance abuse history.
For example, if your spouse has a history of alcohol abuse, the evaluator may require that parent to meet with a dependency evaluator. Or, in families where domestic violence occurred throughout the marriage or relationship, the evaluator may need both parents to attend family therapy, anger management, or any other services necessary to ensure your home is safe for your children.
If necessary, the evaluator may request both parents to sign a waiver that allows the evaluator to review the parents’ and child’s medical, mental health, or school records.
How Should I Prepare for the Evaluation?
It’s no secret that parents are protective of their children, and in custody evaluations, you may feel like stretching the truth or creating false truths will help you gain custody, but custody evaluators are trained to identify when parents aren’t cooperating or telling the truth.
To properly prepare for your evaluation, you should set aside your relationship and focus on the goal, which is to ensure you and your spouse protect your child’s best interest.
Parents can also prepare for the evaluation in the following ways:
- be open and honest with the evaluator
- keep any appointments you make with the custody evaluator
- cooperate with the assessment and if your evaluator requests documents or waivers for access to records, provide the information timely
- consult with an experienced family law attorney before your initial meeting with the evaluator
- don’t be afraid to ask questions during the process, and
- don’t coach your children or talk to them about the process.
The Evaluator’s Written Report
Although every evaluator’s methods differ in a custody evaluation, at the end of every case, the evaluator will prepare a written report to give to the court.
The report should contain precise and unambiguous information. Some states, like Michigan, require the evaluator to assess each best interest factor and decide whether the evaluation favors one, both, or neither parent.
Some examples of other items that an evaluator may include in the written report include:
- identifying information (names, ages, and relationships) of all the parties
- information sources, including a detailed explanation of interviews with the parties, children, family, or friends, direct observations, home studies, and tests
- a list of the referral questions that the evaluator addressed and the reason for each referral
- evaluation findings, such as relevant factors and information for each person as to the custody determination, and
- conclusions and recommendations.
For more information about custody evaluations in your state, consult with an experienced family law attorney in your area.