EVALUATORS

In most cases where the parents are unable to agree on custody, the court will require a custody evaluation performed.  This may be carried out by county social workers, a "friend of the court", psychologists or a Guardian Ad Litem.  A Guardian Ad Litem is a person that is appointed by the Court to represent the interests of a person who is unable to do so for themselves. In the context of a custody case, the Guardian Ad Litem acts as a spokesperson regarding what the Guardian believes is in the child’s best interests.

REPORTS

The person performing the evaluation will investigate the facts and generate a report that is provided to the Court. The report will usually include a summary of the investigation, an analysis of the custody factors set out in your state's Statutes and a conclusion regarding what is in the child(ren)’s best interests. 

THE USE OF CUSTODY EVALUATIONS

The Court is not required to adopt the recommendations of a custody evaluator. However, in most custody cases, the parties have very polar positions regarding the facts. This often boils down to a “He Said - She Said” Situation at trial. Where the evaluation was performed by a person appointed by the Court, the evaluator is considered a neutral party and their recommendation may hold considerable weight with a Judge who must weigh conflicting testimony. To combat an unfavorable custody report, your attorney will try to point out the deficiencies of the investigation performed and facts that may have been overlooked by the evaluator. It is may also be necessary to hire your own expert to conduct a separate custody evaluation and present a different recommendation at trial. 

POWERS OF THE EVALUATOR

The custody evaluator often has broad power and may require the parties to provide releases of information for counseling, medical or psychological records. The evaluator may also require psychological testing, chemical dependency evaluations or random urinalysis tests as part of the investigation process. This is particularly true when one parent raises concerns about the other parent’s chemical dependency or emotional stability.

CUSTODY STUDY ELEMENTS

Although each custody evaluator may have a slightly different approach to performing custody evaluations there are some things you should expect :

Initial Interview with Evaluator.

At the initial interview, the evaluator will discuss at length the past history of care with the child. The evaluator will attempt to determine who was the primary caretaker. BE PREPARED! At the initial interview arrive prepared with a chronology of events clearly set out.         

Home Visit(s).

The evaluator will make at least one home visit to watch you interact with your child(ren). The evaluator is watching to see:

• Whether you actively play with and interact with your child;

• Whether you set appropriate boundaries for the child and whether the child obeys those boundaries;

• Discipline used

• Child’s reaction to the parent: 

• Condition of the home environment.  

Collateral Contacts.

The evaluator will ask for a list of persons that you think the evaluator should contact. Family members are usually not good contact since they may be biased in your favor. Where possible use independent contacts such as counselors, daycare providers, and school teachers.

Alcohol Assessments. 

Where there are allegations of alcohol or drug abuse, the evaluator may refer you to a counselor for a chemical dependency evaluation. It is important that you cooperate in that process.

Psychological Evaluations.

Where there are allegations of emotional or anger problems, the evaluator may refer you to a counselor or psychologist for a psychological evaluation. It is important that you cooperate in that process. Make sure that you communicate with the evaluator or counselor regarding any and all appointments. Budget enough time to complete and testing that is required. A failure to cooperate will appear in the evaluation.

INTERACTING WITH THE EVALUATOR

How you interact with the custody evaluator may be a critical element of your custody case.  

• Never assume that the evaluator’s report will favor your position. Custody evaluators are also people. That means they react to personalities. You are best able to present your case to an evaluator if you appear open and honest. Do not argue with the evaluator. Make eye contact and listen when they speak. This establishes a connection. It may help to nod your head as they speak even if you disagree with what they are saying. When you disagree, tell them “I see your point, but...” or agree first “I agree, but would you consider this to be important....”

• The custody evaluator does not care about good guys and bad guys. The evaluator cares about what is in the “best interests of the child(ren).”  To relate your case to the evaluator, you must speak his/her language. Your statements must relate in some way to what is best for the child not the parent. For example, the statement, “my husband drinks too much”, is incomplete. It does not relate how the drinking affects the child(ren). Always relate how the conduct affects the child(ren). A better statement would be: “My husband drinks too much. Because of that, he is rarely home and when he is, he is:.... abusive....spends little quality time with the children....is unable to help the kids with their homework....”

• Provide the evaluator with the documents supporting your statements.

• Provide the evaluator with the names of collateral contacts, people who are aware of your strong points as a parent and the other party’s weak points. (It is usually better not to include relatives as part of your contacts since they may have a bias).

• ALWAYS ASSUME when you go to court or visit a custody evaluator that you may be ordered to provide a urine sample for testing to determine if you have used drugs or alcohol.

  PRESENTING YOUR CASE TO THE EVALUATOR

  Remember, there are six magic words in custody evaluations.- “Best Interests of the Minor Child”. Custody evaluators listen for issues that relate to that phrase. You should relate how each of your proposals is beneficial to your child(ren). Wherever possible use phrases that mean “best interest of the minor child” without using those exact words. Using the exact words sounds too legalistic and prepared. Your statements should sound more natural.

  There are certain things that evaluators look for in their custody evaluation. You should discuss these issues with the evaluator truthfully since the evaluator will, to a degree, assess your credibility. The issues you should be prepared to raise are the following: