First things first: what is a child custody evaluation?
According to the California Court’s Self-Help Guide, “A child custody evaluation is an investigation of your child’s health, safety, welfare, and best interests by a trained mental health professional (an evaluator). At the end of the investigation, the evaluator will provide a report to you and the judge with a recommendation for a parenting plan in your child’s best interests.” It’s a process where a qualified evaluator, often a psychologist or social worker, assesses a family’s situation to help a court determine what is in a child’s best interests.
But why a child custody evaluation in family court?
Largely because for the people within the family, it’s difficult to see the forest through the trees. They’re not always the most reliable assessor of what’s best for the members of the family. For children, divorce can be destabilizing and isolating particularly if the issue of their custody becomes a tool for a parent’s spite.
What is the purpose of a child custody evaluation?
It helps the family as a whole. Assigning a neutral third party to research and evaluate individuals and relationships can reduce the emotional load on the whole family and help inform the judge’s custody ruling/decision.
It helps the parents. Even when a parent wants the best for their child, it can still be difficult to agree on an unbiased decision when it comes to custody conversations. This can be especially true during contentious divorce cases, where an ex-spouse may be blinded by their desire to be right, and therefore unable to see that suggestions outside of their own might be better options for their children.
But first and foremost, it helps the children. The primary purpose of every child custody evaluation is to ensure that the needs of the children are met throughout and following the divorce.
In the experience of Amy Laughlin, Founder and Partner at Laughlin Legal Divorce & Family Law Group in San Mateo, “When the facts of the case are complex, or the parents can’t agree on one thing or another, or the court cannot glean enough information during hearings to make an informed recommendation regarding the child best interest, you need to bring in a professional with a background and training in this area to take a deep dive into the family dynamic in order to arrive at a recommendation that very specifically serves the child’s best interest.”
Who decides a child custody assessment is needed?
Generally, the judge initiates a child custody assessment or evaluation when parents can’t agree or the mental health of a parent or child is an issue. However, a parent’s attorney may file a motion with the court requesting an assessment. If the judge believes an evaluation to determine the best interests of the child is necessary, the request is approved.
Sometimes, the parents can find and agree upon a child custody evaluator. When they can’t reach an agreement, the court will choose. Evaluators are required to remain neutral and maintain impartiality as well as follow professional guidelines and standards set by the state throughout the assessment process.
Once an evaluator has been identified, the child custody evaluation can begin.
What is the child custody evaluation process? How long does it take?
During the evaluation, the evaluator gathers information such as the emotional and psychological well-being of the parents and the child, the ability of each parent to create a healthy and safe space for the child, and which environment will best assist the child in reaching their developmental milestones. This data is then presented to the court as an impartial, big-picture representation of the family dynamic, parenting abilities and needs of the children.
It generally takes at least 2 months and it depends upon the scope of the investigation. Amy Laughlin again, “Sometimes it’s a brief, focused assessment that’s limited to a single issue, like which parent should have the right to pick a school and which school would it be. Other times, it can be very broad where the evaluator conducts psychological testing of both parents and they also conduct interviews with what’s called third party collaterals or people not directly involved with the dispute; people like therapists, household workers, nannies, teachers, other family members, etc.”
Amy Laughlin continues, “Once the evaluator writes up a comprehensive and confidential report, it goes to both parties and their attorneys. Each party considers the recommendations and decides whether they agree, or they agree with some changes, or they completely disagree with them. If there’s no agreement, there will be a hearing and/or trial over those recommendations. The judge will be the final word on what is in the child’s best interest.”
Want to find out if a child custody court evaluation is right for your case?
Whether or not a child custody evaluation is ultimately chosen for your case, it’s beneficial to understand the options designed to serve your child.
If you would like to discuss your custody case or the child custody evaluation process, the attorneys at Laughlin Legal Divorce & Family Law Group are here to help you determine the right choice for you and your children. To learn more about how we can best represent you and your values, call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal child custody attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
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