Child Custody Evaluation: What you can expect and what every parent needs to know.

Presenting yourself as a reasonable, articulate, and flexible parent is essential to the success of the evaluation. Pay attention to directions and deadlines. If at all possible, avoid mentioning your ex in a negative light, especially, and most importantly, in front of your children.

A child custody evaluation can be a stressful and intimidating process to go through. Just like any other tasks in life, preparation is key. While it is important to be yourself, knowing what to anticipate, what the Evaluator is looking for, and how they are going to communicate all the information to a judge can help alleviate those nerves.

Child Custody Evaluation:

An evaluation process that may be ordered by a court or agreed to by the parties in a case in which the conservatorship (custody), possession, and access to a child, or any other issue affecting the best interest of a child, are contested. Evaluations carry a great deal of weight with the Court, so much so that a custody case can be won or lost based on the recommendations of the evaluation.

What an Evaluator looks for:

The Evaluator is looking for stability and consistency. Typically, they are painting a picture to the Judge of the relationship each parent has with the child. They are considering actual observations of interactions with each parent, the homes (environment) of each parent (including all residents of each home), actual interviews with the parents and child individually, and any outside sources (collateral sources) that have insight to your relationship with the child (such as medical and mental records, school records, and interviews with people familiar with either parent and their relationship with the child).

Interviews:

Interviews are typically as follows:

You, by yourself;
Your child (as age allows – typically, age four or older) by themselves;
You and your child together;
Anyone who resides in the home with the child (significant others, stepsiblings, roommates, grandparents, etc.).

In-home portion of the evaluation:

Keep in mind ICE: Interaction – Collaboration – Engagement

Typically, the Evaluator will reach out ahead of time to let you know when they are planning to conduct the in-home observation portion of the evaluation. Prepare for the study by having a plan of what you would want to do with your child during this time. Intend on doing something that will allow the Evaluator to have insight into your relationship with your child. For instance, watching a movie with your child during the evaluation time will not give the evaluator an idea of how you interact together. Pick an activity that your child likes and is interactive. Preparing a meal together or playing a game are some ideas of activities in which collaboration and patience can be observed.

Lastly, all persons who reside in the home will be interviewed, including children who are age appropriate.

Questionnaire:

The Evaluator is going to provide you with a questionnaire that includes questions pertaining to your childhood upbringing, educational history, medical history, parenting strengths and weaknesses, concerns regarding the other parent, and other relevant information requested by the Evaluator. Criminal and mental history, including any substance abuse history, will also be included. It is important to be truthful and transparent as anything not disclosed but brought to light by the Evaluator or other party will not look favorable.

Included amongst those questions will be what your goal is with regard to conservatorship and possession and access. You must be able to prove and have a solid plan for how you are going to accomplish this during your parenting time. Consider how you will provide for your child financially, emotionally, mentally, and even medically.

Be sure to know your child’s medical, educational, and emotional history and needs and how you can provide a stable and consistent environment. It’s not only about your relationship with your child, but how you are going to be able to provide for their needs.

Further, the questions may also ask about your relationship with the other parent is. Answer honestly but avoid bashing the other parent.

References: Consider people who you would be your support system.

You will need to provide the Evaluator a list of people who can speak to your role as a parent. It is recommended that you include both family and non-family members who have different perspectives of you as a parent. People like teachers, neighbors, family friends and even co-workers can provide insight on how you and your child interact in various settings.

Contacting and giving your refences a heads up of what to expect is just as important as choosing your references. Let them know you are submitting their name to the evaluator and that they should expect to be contacted regarding an interview.

Let them know that they may be contacted by the evaluator by mail, email, or phone and provide each reference with the name of the evaluator, just in case. Remind them that it is important to pay attention to and meet deadlines.

As loyal as your friends and family may be, your references should be discouraged from mentioning any negative opinions about the opposing party unless necessary to answer the evaluator’s questions truthfully.

Things to Avoid:

Disparaging remarks of the other parent;
Mixing up marital concerns with parenting concerns. A bad spouse does not always make a bad parent;
Unreliable references;
No plan for the in-home observation portion of the evaluation; and
A messy and untidy home.

Download Our Quick Guide to Child Custody Evaluations

For more information on Child Custody and Access click to read more at Wilson Legal Group P.C.'s firm page.

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All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog.

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