Child custody evaluations can be overwhelming for parents. Having your fitness as a parent and your relationship with your child evaluated by a stranger and then reported to the court is something no parent has likely ever imagined having to go through. Guidance from an experienced custody attorney is a must as you go through any custody evaluation process connected to your divorce or custody case. Custody evaluators typically come from a medical or other clinical type of background.
Quick Answers
- Custody evaluations are parental assessments or evaluations to determine in writing a recommendation for the best custody arrangements for a child of two specific parents.
- Custody evaluators can be the “expert of the Court” pursuant to § 604.10(b) or the “expert of the party” pursuant to § 604.10(c). Both types of custody evaluators prepare written evaluations or reports summarizing their custodial evaluation process, and both frequently testify at trial about the findings of their custodial evaluation.
- Both parents have their own independent custody evaluators in some cases, which might seem like they are in competition with one another. The outcome or perspective of custody evaluators can be difficult to judge in advance, so you can never tell for certain how a case may be influenced as the new involvement of a custody evaluator always has the chance of being the new unpredictable variable in your divorce or custody case.
- Preparation for a custody evaluation involves documenting parenting time, working with your attorney to learn the evaluator’s process, getting comfortable answering questions, and having a timeline of events prepared in writing.
- Financial considerations include estimating evaluator fees, inquiring about the reallocation of fees or a motion requesting the court enter an order shifting the responsibility of fees to the other party, and simply budgeting for legal fees to manage the costs and potential significant delays associated with the custody evaluation process in a divorce or custody case.
Types of Illinois Custody Evaluators
The two main types of custody evaluators are known first as “the Court’s expert” and second, “the Party’s expert.” The main differences between custody evaluators that are retained by one of the parents and custody evaluators that are appointed by the Divorce Court is that custody evaluators appointed by the Court have authority of the Court behind them. For that reason, custody evaluators appointed by they Court may be more advantageous to you if the take your side. The parties are essentially automatically expected to cooperate with whatever a custody evaluator appointed by the Court requests of the parties. Each party is more able to resist the demands of a party-retained custody evaluator, especially depending on the nature of the request and to what extend it appears the custody evaluator is not independent and simply taking direction form your opposing party. The authority and frequency of use of each type of custody evaluator varies depending on the jurisdiction and the judge.
The Court’s Custody Evaluator: This evaluator may carry more influence in Court because the Court’s Custody evaluator, like it sounds, is considered to be the Court’s expert. For that reason the expert reports to the court and is typically decided by the court. These court appointed experts are likely to attend court as part of their role as custody evaluator, and they are appointed pursuant to the Illinois Marriage and Dissolution of Marriage Act 750 ILCS 5/604.10(b).
The Party’s Custody Evaluator: This evaluator is chosen by and hired by one of the parties. Due to the extensive experience and training of custody evaluator, they can be highly influential in custody cases. Each party is entitled to hire their own expert, such as a custody evaluator to interview the parties and conduct an evaluation. These experts often have the support of the court and may attend court as part of their role as custody evaluator, and they are appointed pursuant to the Illinois Marriage and Dissolution of Marriage Act 750 ILCS 5/604.10(c).
Custody Evaluations in Family Law
Custody evaluations, also known as child custody evaluations, can be the heart of family law cases, including divorce and child custody cases to determine the best parenting arrangements for children. Conducted by a mental health professional called a custody evaluator, these evaluations assess the parenting abilities of each parent and determine the best possible custody arrangement for the child. Custody evaluators in family cases can be in place of a Guardian ad Litem. However, most cases where a custody evaluator gets involved is typically a case with an existing Guardian ad Litem. Therefore, custody evaluators can offer a counter perspective or serve as a counterweight to the Guardian ad Litem, which is particularly helpful in cases where there is a Guardian ad Litem that has misguided recommendations.
The rights of each party to enlist the help of an expert in their court case are strong rights. A custody evaluation is an example of the help an expert can provide in a family case. Using an expert can feel invasive in the sense that custody evaluators can be extremely comprehensive and usually ask a lengthy list of highly personal questions, which may feel especially invasive to the party who did not hire or request the evaluator’s involvement. Custody evaluators generally provide a clinical perspective on what parenting arrangements might post a challenge or what arrangement might be particularly advantageous to the family, in the opinion of the given custody evaluator. The judge determining custody is then likely to rely on the opinion of the expert custodial evaluator.
So, what triggers a custody evaluation and who are the key players involved in this process?
What Triggers a Custody Evaluation?
Custody evaluations are often initiated when:
- Parents can’t agree on custody
- There are concerns about a parent’s fitness
- One or both parents request a custody evaluator
- There are serious mental health concerns or other complicates situations that necessitate a therapeutic perspective.
- Courts intervene and order a custody evaluation to resolve contested custody cases or to investigate allegations of abuse, mental health issues or substance abuse, or where there are other concerns of endangerment to the child.
Who does these evaluations and what qualifications should they have?
Key Players: Who Performs Custody Evaluations?
Custody evaluators are mental health professionals who are supposed to be impartial third parties with no personal or prior connection to the family. These mental health professionals typically have a background in psychology, have a degree in counseling or a related field, or may have advanced degrees such as a medical degree or a master’s or doctoral degree. They often have specialized training in areas such as child development, family dynamics, and the legal aspects of custody evaluations (e.g., knowledge of the best interests of the child factors provided by statute).
With these qualifications in hand, child custody evaluators, sometimes working with a guardian ad litem, can assess the needs and best interests of the children involved in custody disputes.
The Nitty Gritty of the Custody Evaluation Process
The child custody evaluation process goes like this:
- Initial consultations
- Psychological testing
- Completing paperwork
- In-home observations
- Interviews
- Final report with recommendations
What happens during each of these stages and how do they impact the overall process?
Initial Consultation and Psychological Testing
During the initial consultations the custody evaluator meets with each parent individually to get information about the family background and the reason for the evaluation. There are often extensive questionnaires the parties are required to complete. Psychological tests such as the Parent Child Relationship Inventory (PCRI) are then administered to each parent to assess their mental health and parenting abilities. The purpose of these tests is to give the evaluator information about the parents’ fitness for custody or assessment of each party’s judgment and aptitude as a parent.
In-Home Observations and Interviews
In-home observations and interviews in the home setting can be part of the custody evaluation process. The evaluator interviews parents, children and other relevant parties and observes the child in various settings such as at home, in school, and in the presence of each parent.
These observations and interviews give the evaluator insight into the family dynamics and parenting skills of each parent. You should request an in-home observation or a home visit by the custody evaluator, if that is what you desire. This can be helpful in taking away the “no one ever asked” type of response from the evaluator in cross-examination at trial.
Analysis and Final Report
After all the data is collected the evaluator analyzes the information and writes a final report with recommendations for custody arrangements based on the best interest of the child evaluated from the evaluators clinical perspective. This report includes:
- The custody evaluator’s assessment of each parent’s strengths and weaknesses
- The review of all the steps taken by the evaluator
- The dynamics among the parties
- The suggested division of parental responsibilities and parenting time
Strategies for Parents: Preparing for Your Custody Evaluation
As a parent you need to prepare for your custody evaluation. By documenting your parenting time and involvement, preparing a custody journal or detailed timeline, and working with your attorney for guidance and support you can maximize your chances of a good outcome.
But what are the steps to prepare for this process known as the custody evaluation?
Documenting Parenting Time and Involvement
Keeping a record of your parenting time and involvement in your child’s life can really help your case during a custody evaluation. This includes:
- Documenting your interactions with your child
- Using a calendar to diary your parenting time
- Make an accurate list of all counseling appointments
- Keeping school records
- Maintaining therapy information
- Creating a list of collateral contacts
A complete record of your parenting time and history of important events can help tell your story and show your commitment to your child’s well being.
Working with Your Attorney
Working with a lawyer is necessary for parents going through a custody evaluation. Your attorney can provide support, guidance, and representation throughout the evaluation process. They can also help you understand your rights, prepare for the evaluation and navigate any issues that come up during the process with your custody evaluator.
Understanding the Evaluator’s Perspective
Understanding the evaluator’s perspective can help you prepare for a custody evaluation. Custody evaluators are looking at parental fitness, custodial aptitude, and the co-parenting dynamics to determine the best custody arrangement for the child.
But what does that entail and how do they approach these factors?
Assessing Parental Fitness
A custody evaluator looks for signs of mental health issues, substance abuse and other factors that may impact a parent’s ability to care for their child. This includes examining each parent’s personal history, custodial aptitude, mental and physical health and ongoing involvement in the child’s life to essentially asses their capacity as parents.
Evaluators make decisions about the most suitable custody arrangement for the child by identifying any potential risks or concerns.
Evaluating Co-Parenting Dynamics
In addition to assessing parental fitness, evaluators also look at the dynamics between co-parents, communication, cooperation and decision making. Claims of parental alienation where one parent is manipulating the child against the other parent are also considered.
A custody evaluator wants to ensure the final custody arrangement that fosters a healthy co-parenting relationship which is essential for the child’s well being. This is essential for the child’s well being, thus the custody evaluator should consider all possible arrangements with the children shared between both parents.
What to Do After a Custody Evaluation
After the custody evaluation parents may need to decide to accept or challenge the results. Understanding the role of the court in finalizing custody arrangements can also help you navigate this process.
When should you accept or dispute an evaluation in a child custody dispute and how does the court’s role impact the final custody decision? Can a parent dispute a custody evaluation? These are distinct questions that should be addressed and answered by counsel experienced in custody battles that include custody evaluations.
Accept or Challenge the Evaluation
If you believe the evaluation was biased or inaccurate you can discuss your concerns with your attorney and potentially contest the findings. Challenging a custody evaluation is case specific and can be a difficult and uncertain process.
Consult with your attorney to weigh the pros and cons of contesting the evaluation and guide you through the process and the realistic possibilities and potential outcomes.
The Court’s Role After an Evaluation
The court reviews the evaluator’s report and recommendations but may also consider other factors and testimony before making a final custody decision. The custody evaluation is typically the basis for the court’s decision on custody arrangements but it’s important to understand the court has the final say in what’s best for the child.
Financial Considerations: Evaluator Fees and Legal Fees
Custody evaluations can be costly so parents need to be prepared for evaluator fees and legal representation costs. Understanding the costs associated with custody evaluations and budgeting for these expenses will help you manage the financial aspect of this process.
Evaluator Fees
Fees can range from $7,500 to $30,000 or even potentially significantly more depending on the complexity of the case and the evaluator’s experience. Budget for these fees, as this can be an expensive part of litigation.
Conclusion
In summary, understanding the custody evaluation process, the players involved, and how to prepare for your evaluation can make a world of difference in your child custody case. Custody evaluators are similar to Guardians ad Litem in the sense that they are both experts that the Court relies upon to determine parenting time and the allocation of parental rights. Custody evaluators typically have more of a medical or clinical perspective than Guardians ad litem, as the Guardians ad Litem are attorneys and generally employ more of a legal perspective. Custody evaluators can can be a wonderful addition to a family case to help focus on the the wellbeing and best interests of the children.
It is critical for you to understand your legal options and to have the knowledge of how to best prepare for a custody evaluation, if you have a custody evaluator involved in your custody or divorce case. Be informed and proactive and you’ll put your best foot forward and the best interests of your child will always be at the forefront of the decision making process. Remember, knowledge is power – and with this blog post you can navigate the child custody evaluation world with confidence and clarity.
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Frequently Asked Questions
What is the main focus of a child custody evaluation?
The main focus of a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child, including parenting attributes, the custodial aptitude of the parties, the child’s psychological needs and the resulting fit or schedule that is best for the family. This is done by a court appointed psychologist or evaluator known as a custodial evaluator.
What questions are asked in a parental fitness evaluation?
Parental fitness evaluations ask questions such as why the parent wants custody of the child, what plans they have for the child, what they can offer the child, how good a fit the parent is for the child and why, how the parent as cared for the child, how the parent has been there with specific examples of caregiving of the child, and how the parent has protected the child in the past.
Who does custody evaluations?
Doctors or other qualified mental health professionals, such as a counselor experienced in conducting custody evaluations. These are professional parties who are intended to act as impartial third parties or as a neutral third party expert, but they may provide testimony of their recommendations or share details of the custody evaluation process at trial pursuant to cross examination.
