A custody evaluation is a critical component of many child custody cases, and being well-prepared can significantly impact the outcome. This handout outlines key steps and considerations to help you navigate the custody evaluation process effectively.
Understanding the Process
- Purpose: The evaluation aims to provide the court with an expert’s assessment of the family dynamics and make recommendations regarding custody arrangements in the best interest of the child.
- Evaluator Role: A trained professional, often a licensed psychologist or social worker, conducts the evaluation.
- Scope: The evaluation involves interviews with parents, children, and relevant individuals, home visits, and potentially psychological testing.
- Outcome: The evaluator submits a written report to the court, outlining their findings and recommendations.
Before the Evaluation:
- Choosing an Evaluator: Collaborate with your attorney to identify qualified and unbiased evaluators. Consider factors like cost, timing, availability, and reputation.
- Goal Setting: Clearly define your desired outcome and discuss it with your attorney to ensure alignment with legal strategies.
- Document Preparation: Gather relevant documents that support your parenting abilities and address any concerns the evaluator might have.
- Reference Selection: Provide the evaluator with a list of individuals who can attest to your positive parenting qualities.
During the Evaluation
- Present Your Best Self: Highlight your strengths as a parent and demonstrate your genuine love and care for your children.
- Be Honest and Transparent: Address any concerns or negative aspects of your parenting history openly and honestly. Explain your side of the story and provide context.
- Focus on the Children: Prioritize your children’s well-being and articulate how your goals and actions support their best interests.
- Observe the Process: Take note of the evaluator’s interactions with you, your children, and other involved individuals. This information might be useful later if you need to challenge the evaluation’s findings.
After the Evaluation
- Review the Report Thoroughly: Carefully analyze the report with your attorney, paying attention to the evaluator’s findings, recommendations, and the basis for their conclusions.
- Address Discrepancies: If information is missing or inaccurate, work with your attorney to provide the evaluator with additional information or request an update to the report.
- Consider Remedial Steps: If the evaluation is unfavorable, explore options like hiring a rebuttal expert, subpoenaing the evaluator’s records, or conducting depositions to challenge the findings.
- Explore Settlement: Utilize the evaluation as a basis for settlement negotiations, potentially reaching an agreement that avoids the uncertainty and cost of a trial.25
Key Takeaways
- Preparation is crucial: The more prepared you are, the better you can present your case and influence the evaluation’s outcome.
- Honesty is paramount: Be truthful with the evaluator, even about negative aspects of your past.
- Focus on the children: Demonstrate your commitment to your children’s well-being throughout the process.
- Legal counsel is essential: Consult your attorney for guidance and support throughout the custody evaluation process.
Remember, a custody evaluation is just one piece of the puzzle in determining custody arrangements. By following these steps and working closely with your attorney, you can increase your chances of a favorable outcome for you and your children.
