CUSTODY EVALUATION PROBLEMS

Let's take a look at some of the most common custody evaluation problems. There are a few areas in the custody evaluation process that cause anxiety among the individuals involved. To alleviate these worries we will shed some light on these areas and clarify which of them really are worth worrying about and which are less important. You will learn that there is a fundamental difference between what you or your ex-spouse consider to be really signficant and what the custody evaluator or the court deem relevant. It is most important to understand the difference.

History of Drug Use

This can be one of the more daunting issues, but let's start with some rule-outs. It is likely that there will be no problem if you had a drug addiction in the past, but you've been 'clean' for more than a year. It helps if you can prove this (with periodic drug screens, participation and successful completion of a drug treatment program] and if you continue to receive support from AA, NA, or another type of formal treatment. One exception to this rule: If you have followed this pattern, but have relapsed repeatedly after a year for the last 20 years, then you will have a major problem. Gaining custody will be an uphill, losing battle.

Drug Use vs. Drug Abuse:

In our society most people consume alcohol, smoke, and have experimented with drugs once or twice. In custody evaluations, the primary areas being investigated are either socially acceptable legal drug use that does not impair parenting. If your use falls under these banners, then my assumption is that this will not be an issue. There are many variances and circumstances to this part of the evaluation and, if you have been labeled an 'addict', then time and resources can help to prove or disprove any claims.

Here's another example: If you were addicted to cocaine for many years, but have several years of documented abstinence and also have been a good parent during the past several years, then it is likely that your addiction will be considered in that chronological framework. In other words, if you're a good mother/father now, you probably won't be penalized for your past in the context of this evaluation, unless it seems to be a continually harmful or damaging event to the child.

History of Mental Illness

First and foremost, having a mental illness may not have any bearing on your parenting. I have seen many spouses accuse the other of having a mental illness when they don't have one, or exaggerating a mental illness when it has been diagnosed formally, or if there was treatment in the past. The fact: It is very rare that mental illnesses truly have a negative bearing on a custody evaluation. Here are some examples of unfavorable circumstances that could be problematic:

1) Being diagnosed with a major mental illness like schizophrenia and not taking prescribed medication;

2) Having a mental illness that results in violence (Bipolar Disorder) and not taking medication;

3) Having a mental illness that distorts your reality (Delusional Disorder);

4) Not going to doctor-recommended treatment.

As can be seen, most of these examples pertain to having a serious mental illness and refusing medication. This can be a problem if it results in a parent's behavior getting out of control.

Here's some example's when mental illness is not a big deal:

1) I was hospitalized when I was 16 for attempting suicide (and it never happened again);

2) I've been getting treated for depression for the last 15 years (and you're stable on medication / with therapy);

3) I get panic attacks and can't drive.

The bottom line with mental illness is that it must be shown to have an impairing effect on your parenting, which in turn, is not in the best interests of your child.

History of Criminal Problems

This is a very complex area. Custody evaluation problems in this department come from individuals who have patterned histories of arrests, charges, and periods of incarceration. One of the most difficult histories to overcome in family court is being a convicted sex offender to overcome in family court. Safety becomes a core issue. Depending on your history of arrests and convictions, these matters usually fall into one of two areas:

1) An isolated incident

2) A link in a chain of historical, criminally-minded problems or criminal acts