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Home > Custody Evaluations

Custody Evaluations

If you and your children's other parent have been unable to reach an agreement regarding your children's custody status after the divorce, the family court judge deciding your case will probably order a custody evaluation. A custody evaluation is a process in which a mental health professional, usually a psychologist, evaluates you, your children and your ex-spouse in order to make a custody and visitation recommendation to the court deciding your case. Courts tend to give the recommendations the evaluator makes considerable weight in reaching the court�s final determination. An attorney experienced in child custody law can explain custody evaluations and answer any child custody questions you may have.

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Custody Evaluation Basics

Depending on where you live, custody evaluations generally cost anywhere between $1800 and $6000, although some courts have lower cost alternatives. Though ordered by the court, the divorcing couple usually pays for the evaluation.

The court may assign or choose an evaluator for you or may allow you to choose from a short list. Regardless of who chooses the evaluator and who pays for the evaluation, the evaluator is supposed to be neutral and should not have a patient/therapist relationship with anyone in the family either before or after the evaluation. What you tell the evaluator is not confidential and is not subject to any doctor/patient privilege.

Custody Evaluation Process

The evaluator is working to make a determination in the best interests of the child. In order to fully understand the family dynamic the usual custody evaluation will consist of:

Two to three interviews with both parents
Two to three interviews with each child
Observation of parental interaction with each child in the office and potentially at home
Psychological testing as deemed necessary
Review of important court papers
Interviews with people like teachers, pediatricians and day care providers

Once the evaluation process is complete, the evaluator will issue a report with a recommendation regarding custody and visitation. Most evaluators will specifically address concerns raised by each parent in making their recommendation. The final custody and visitation recommendation is made following consideration of:

The quality of each parent's relationship to each child
The relationship between the parents and their ability to support their child's ongoing relationship with the other parent
Parenting skills and capacity of each parent
Each parent's psychological and mental health
Children's psychological health
Any abuse or violence allegations

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Preparing for the Custody Evaluation

Custody evaluators expect you to be nervous and understand the stress the evaluation process may cause. Following some basic guidelines will help decrease your stress and ensure that the evaluator gets a true understanding of you and your parenting style and abilities.

Treat the evaluation like you would a job interview. Be on time and dress neatly. Don't become defensive. Be honest and sincere, but remember what you say to the evaluator will not be kept confidential.
Go in organized. Get your documents together. Make a list of your concerns so you can be confident they have been communicated.
Show the priority the children have in your life. Communicate your knowledge of their interests, needs and desires and use that knowledge as a basis for your views on custody.
Pay attention to the questions and answer directly and to the point. Ask for explanations if you don't understand the question that has been asked.
Avoid negative comments about the other parent or their families. Limit answers to questions about your spouse to specific facts.
If you are going to give the evaluator names of people like teachers to talk to, let them know that you plan to do so in advance.
Help your children understand what is going on but do not coach them about answers they should give.
Respond promptly and calmly to evaluator requests including requests for additional testing, documentation and/or payment.
Do not make repeated calls to the evaluator or call to see when the report will be finished.

If you have additional questions or specific concerns, be sure to discuss them with your family law attorney.

Custody Evaluation Report

Most custody evaluators will meet with you to discuss the their report. Most reports will contain:

A recommendation regarding custody and visitation
A parenting plan to help you carry out the recommended schedule and a process for resolving future problems
Suggestions for therapy or parenting classes as needed
Guidelines for dealing with special problems like abuse, violence or parental alienation
Schedules or suggestions for re-evaluation as needed

If you believe the report's conclusions seriously impact the best interests of your children you should contact your child custody attorney to address those concerns as soon as possible.

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