Child Custody Evaluations: What to Expect When They’re Ordered

Divorce often affects more than the lives of the couple that has decided to part ways. If children are involved in the proceedings, custody issues must be addressed. In many cases, parents are able to resolve issues related to custody without going to court. There are times, however, when reaching an agreement together, with help from family lawyers or with the assistance of a mediator just isn’t feasible. If that is so, a judge may order a child custody evaluation. Couples, too, may make a request for an evaluator to help address this important topic.

Custody evaluators are typically mental health professionals who have trained extensively in family dynamics. They are tasked with making recommendations to the courts about custody arrangements, scheduling, what is in the best interest of the children and other related factors. A "guardian ad litem" may also be appointed by the court to serve in an evaluator’s capacity. These people are often lawyers who are charged with solely representing the child’s best interests.

Should custody evaluations be ordered, the judge may appoint a person to serve in this capacity. In some cases, parents may be given several options to choose from so that both spouses and their lawyers can make the final selection. Once a person is in place, a custody evaluation will typically proceed as follows:

• Individual interview phase – Evaluators will generally interview each spouse several times, including planned and unannounced visits. They will also interview each child individually at least once.
• Observational phase – Evaluators will also want to witness interactions between each parent and their children. These evaluations may take place in an office setting, the family home or both.
• Information gathering phase – At this stage, evaluators will talk to others involved in the children’s lives, including teachers, caregivers, therapists, doctors and so on.
• Court file review – Custody evaluators will also look at the court file and delve into any pertinent information related to a parent’s ability to care for a child or children.

Once the evaluation is completed, a report with recommendations will be submitted to both parents and the court at the same time. The report will offer recommendations related to custody, visitation and time sharing. Suggestions about therapy may also be made. In addition, if substance abuse or other issues are present, recommendations will be made in regard to these specific circumstances.

Child custody evaluators are not party to every divorce proceeding. When they are called in, their recommendations are meant to settle disputes while putting the best interests of the child or children first. Should both parents agree to an evaluator’s proposed plans, custody may not have to be decided in court. Having a family lawyer skilled in child custody available for consultation throughout the process can be important for both parents and the children, as well. Family lawyers will advocate for the best possible outcome on behalf of their clients while keeping the interests of the children in mind, as well.

a href=http://www.nunneleyfamilylaw.com/firmNunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years.