Contested Custody And Child Custody Evaluations: What You Need To Know
For divorcing parents with minor children, the best case scenario would be two parents who are able to agree on issues like custody, visitation and child support. Unfortunately, all too often these contentious issues cannot be worked out by the parents, and a family court judge must make the custody decisions. Judges are increasingly relying on child custody evaluations that are performed by a specific type of mental health expert to help them make these important rulings. If you are facing an upcoming child custody evaluation, read on for what you need to know.
Who Does The Evaluation?
Normally, the evaluations are completed by mental health professionals, such as psychologists, social workers or mental health counselors. Some states use the term "guardian ad litem" to describe these evaluators. Regardless of their title, these mental health professionals usually have advanced training for the task of interviewing children and parents and rendering a decision for the judge.
Though it varies by state, the judge will often assign an evaluator to the case or provide you and your spouse a list from which to choose. An important point to note here is that the parents are responsible for paying for the services of this evaluator and the fees can run from $2,000 to $6,000, depending on your location. Knowing that, the considerable cost involved may motivate you and your spouse to reconsider working out your custody arrangements yourself.
What Happens At An Evaluation?
- Usually, the evaluation process involves several interview sessions with your child, you, your spouse, and an observation session to see how you and your spouse interact with your child.
- The evaluator often will interview your child's school personnel, such as the teachers and councilors; your pediatrician; other mental health professionals; and relatives who interact frequently with your child.
- The evaluator may conduct psychological testing on you, your spouse and your child. Psychological testing is a mental health specialty area, so sometimes an additional evaluation team member must be added for this task.
What Should You Do?
1. Being evaluated on your parenting skills can be an extremely stressful and intimidating process. You may know you are a good parent, but proving it to a virtual stranger can be difficult and scary. Try to keep a calm demeanor and take good care of your self during this process.
2. Stay in close contact with your divorce attorney during the evaluation process and contact them immediately if you notice anything amiss, such as the evaluator showing obvious bias towards your spouse. Your attorney may be able to request that another evaluator complete the evaluation, but don't wait until the evaluator has already sent the report to the judge to take action.
Your attorney can be a wealth of advice about how to get through custody evaluations and prove that you are a fit and competent parent for custody purposes.