An Introduction To Child Custody Evaluation
When child custody is contested, many family law courts are now requiring a Child
Custody Evaluation to gather information to be used in determining the child's best interests. It employs a professional, typically a forensic psychologist, who interviews the family and relevant witnesses, and often administers psychological or personality tests to gather as much valid information as possible. The evaluator prepares a recommendation for the court that is considered heavily by the judge in determining the outcome of the custody decision. As such, it needs to be taken very seriously.A comprehensive Child Custody Evaluation will include reviewing a family history through clinical interviews with the family, neighbors, and others familiar with the family, along with parenting and personality assessments. Contradictory information will be clarified through repeated interviews, observation of parental interactions with the child, and skilled, professional judgment. The evaluation will offer a clear picture of the family dynamics, reflecting the needs and desires of the child as well as parental strengths and weaknesses. A thorough evaluation will enable the evaluator to make a professional and objective recommendation to determine the best interests of the child.
An evaluator can be either court-appointed or hired by the family member seeking custody. There may be advantages and disadvantages to both. A court-appointed expert can offer the advantage of having an evaluator who has a relationship with the court and thus, the receptive ear of the judge. Of course, this is only an advantage if the recommendation is favorable. A court-appointed expert will have access to both parties for a more complete assessment and unbiased evaluation and can advantageously expedite the proceedings for quicker resolution.
A privately hired evaluation may be useful to your case, with the evaluation offered to the judge for consideration. An advantage to hiring an evaluator is that if the results are unfavorable, another evaluator can be hired. A disadvantage of privately hiring an evaluator, is that the other party can also hire an expert whose opinion may differ. If the testimony is contradictory, the judge may appoint a third expert for an additional evaluation. This can result in a great expense of both time and money.
Because the Child Custody Evaluation has such importance to the outcome of a custody determination, and can, in fact, be the total determining factor in a judge's decision, it is important to learn as much about the process as possible and study your options. Learn how to present yourself by knowing what the evaluator is looking for that will impact the recommendation. Ultimately, the most important factor is what is best for the child.
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