When parents get a divorce, the divorce decree must cover all child care matters, including child custody, visitation, and child support. Sometimes, parents cannot agree on the terms on their own or with a mediator or attorney; if this is the case, the parents will have a trial to resolve disputes, and prior to the trial the judge may appoint a child custody evaluation.
The function of a child custody evaluation is to help the judge determine the best interests of the child. Information gathered from the evaluation may be used to in the initial trial, as well as in post-decree cases if any disputes arise.
A child custody evaluation is:
- An assessment of the needs of your children
- An assessment of each parent’s ability to meet the needs of the child
- Supposed to help your family make a positive adjustment to divorce
- Attentive to past events, present resources and future needs of the family
- An evaluation of with the strengths and weaknesses of both parents
- Supposed to determine the best interests of the children
A custody evaluation does not place blame on a parent for divorce, or choose one parent’s side over the other. The evaluation consists of a series of interviews, alone and with the other parent. In the separate interviews, you will have the opportunity to explain any concerns about the other parent and their ability to meet the child’s needs. In the joint interviews, the evaluator will assess the parent’s ability to work together. There may also be interviews with you and the children, where the evaluator will assess the relationship between you, your children, and other family members. This interview may take place in the evaluator’s office, or in your home.
The child custody evaluation may also involve gathering information, such as school and health records, social service information, police information, and any other documents that add to the evaluator’s understanding of the family dynamic. Lastly, the evaluation may involve psychological testing if the judge needs more information about each parent’s emotional and metal standing.
When preparing for an evaluation, it is important to cooperate with the evaluator and the process. Again, the evaluator is not trying to place fault on a parent, or take one parent’s side over the other. In preparation, you will want to:
- Separate animosity in the marriage form your parenting concerns. Some issues you have with the parent that cause you to feel angry or hurt do not necessarily have bearing on child custody issues.
- Do not try to “win” the child custody evaluation. The evaluation is not a win/lose situation, but simply a way to determine the needs and best interests of the child.
- Be as honest and transparent with the evaluator as possible.
- Do not hesitate to ask the evaluator for any resources, including reading material, parent education classes, or counseling.
- Respect appointment times.
- Organize and keep track of all school and health records, and any other documents the evaluator may find relevant.
- Consult with your attorney and keep them up-to-date throughout the process.
- Make note of any questions you want to ask the evaluator.
