EVALUATORS

In most cases where the parents are unable to agree on custody, the court will require a custody evaluation performed. This may be carried out by county social workers, psychologists or a Guardian Ad Litem. A Guardian Ad Litem is a person that is appointed by the Court to represent the interests of a person who is unable to do so for themselves. In the context of a custody case, the Guardian Ad Litem acts as a spokesperson regarding what the Guardian believes is in the child’s best interests.

REPORTS

The person performing the evaluation will investigate the facts and generate a report that is provided to the Court. The report will usually include a summary of the investigation, an analysis of the custody factors set out in your state's Statutes and a conclusion regarding what is in the child(ren)’s best interests.

THE USE OF CUSTODY EVALUATIONS

The Court is not required to adopt the recommendations of a custody evaluator. However, in most custody cases, the parties have very polar positions regarding the facts. This often boils down to a “He Said - She Said” Situation at trial. Where the evaluation was performed by a person appointed by the Court, the evaluator is considered a neutral party and their recommendation may hold considerable weight with a Judge who must weigh conflicting testimony. To combat an unfavorable custody report, your attorney will try to point out the deficiencies of the investigation performed and facts that may have been overlooked by the evaluator. It is may also be necessary to hire your own expert to conduct a separate custody evaluation and present a different recommendation at trial.

POWERS OF THE EVALUATOR

The custody evaluator often has broad power and may require the parties to provide releases of information for counseling, medical or psychological records. The evaluator may also require psychological testing, chemical dependency evaluations or random urinalysis tests as part of the investigation process. This is particularly true when one parent raises concerns about the other parent’s chemical dependency or emotional stability.

CUSTODY STUDY ELEMENTS

Although each custody evaluator may have a slightly different approach to performing custody evaluations there are some things you should expect:

Initial Interview with Evaluator.

At the initial interview, the evaluator will discuss at length the past history of care with the child. The evaluator will attempt to determine who was the primary caretaker. BE PREPARED! At the initial interview arrive prepared with a chronology of events clearly set out.

Home Visit(s).

The evaluator will make at least one home visit to watch you interact with your child(ren). The evaluator is watching to see: • Whether you actively play with and interact with your child; • Whether you set appropriate boundaries for the child and whether the child obeys those boundaries; • Discipline used • Child’s reaction to the parent: • Condition of the home environment.

Page 1 of 4 :: First | Last :: Prev | 1 2 3 4 | Next