This is the sort of question best answered by a child custody attorney with a great deal of experience. Amy Laughlin, Founder and Partner at Laughlin Legal Divorce & Family Law Group in San Mateo more than qualifies. “Before directly answering that question, let’s first look at which couples are most likely to wind up with a court-ordered child custody evaluation because there’s often a misunderstanding about it. These are not couples who cannot agree who gets the kids for Christmas. The court can make that decision. But when there are complex allegations such as substance abuse, alienation, domestic violence, or children with special needs, the court can’t always make an informed decision in a 20 minute hearing. So it orders outside professionals to assist by providing information to inform the court’s decision.”
Amy Laughlin continues, “As for the length of the child custody evaluation process in California, it can take as few as two months or as long as a year, and sometimes even longer. It varies from case to case and county to county. Whereas San Mateo County has no formal time limit, other counties impose restrictions on the length of the process. Take Santa Clara County, for instance, where the child custody evaluator is permitted 2 months from the date of the first evaluation appointment to complete their evaluation and deliver their report and recommendations. Now that time allotment can be extended, but you have to apply to the court and show good cause.”
Why does the duration of a child custody evaluation matter? And what is the cost and time of a child custody evaluation?
In Amy Laughlin’s experience, duration is a matter of looking for a healthy balance. “The court’s objective here is to make decisions that are in the best interest of the children. Generally speaking, a short court case is healthier for everyone than a long one because the cost and time of a child custody evaluation are closely linked. The child custody evaluation process can become very expensive depending upon the complexity of the case; the availability of third party professionals like therapists, teachers, pediatricians, etc.; the cooperation of the parents; and how all those factors impact the evaluator’s process and add to the length of the child custody evaluation preparation. When domestic abuse is involved or one of the parents is relocating or the children refuse to see one of the parents, the process may take a minimum of 6 months to complete. And when parents are stressed about money, the kids feel it. In our experience, a child custody evaluation generally costs a minimum of $20,000. And often much more.
So, yes, the longer the process, the worse for everyone involved, especially for the children. But you do not want to rush this process either. It can take time to be thorough, and you want to get it right. Yes, child custody agreements can be modified, but we strongly believe it’s in the best interest of the children to get it right the first time.”
Wondering what happens in a child custody evaluation? Or how to prepare for a custody evaluation?
Amy Laughlin once more, “If you want to have a hand in determining what happens in your child custody evaluation, begin with choosing a child custody attorney you can trust. Do your research and trust your gut. Just as no two child custody attorneys are the same, we believe no two cases are the same, either. And no parent should ever settle for a cookie cutter approach to something as consequential as a child custody dispute. We have experience handling these cases in multiple counties in California, and with every single case, we’re very intentional and very present. We know and trust evaluators across the state and we will recommend an evaluator who we believe is best suited to your case.
Ideally, both you and your soon to be ex will agree to the same evaluator, but if not, the court will ask both parties to submit names, resumes and availability and the court will make the choice. Once the choice of evaluator is settled, we’ll walk you through how you can best participate in a good outcome for your children. Don’t worry about how to prepare on your own; that’s what we’re here for.”
For some of the best child custody lawyers in California, look no further.
Laughlin Legal Divorce & Family Law Group is a collection of some of the most skilled child custody attorneys and mediators in the state of California, attorneys who are trusted for their ability to skillfully help divorcing parties achieve a better outcome for their children.
If you or someone you love is headed for a divorce, learn more about how the child custody services we offer 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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