Law School

Family law: Dissolution of marriages: Custody evaluation


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Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan. When performing the custody evaluation, the evaluator is expected to act in the child's best interests.

Procedure.

If the issue of child custody is not settled before trial and the parents have serious concerns about each other's ability to parent the children involved, especially for the high-conflict cases, a child custody evaluation may be ordered by the court. Many states have laws that regulate the appointment of custody evaluators and procedures for evaluation.

The Court can order either a full or a focused evaluation.

A "full evaluation, investigation, or assessment" is a comprehensive examination of the health, safety, welfare, and best interest of the child. A full evaluation typically requires about 15–20 hours of the evaluator's time.

A "focused" evaluation " is an examination of the best interest of the child that is limited by court order in either time or scope. The partial or focused evaluation requires about 12–18 hours of investigation, interviews and report preparation.

Evaluation cost is normally established by the evaluator, but the parents can split the charges according to their court order.

The American Psychological Association publishes guidelines for custody evaluators. Also, Association of Family and Conciliation Courts publish guidelines that apply to the custody evaluators.

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