CUSTODY EVALUATION PROBLEMS

Let's take a look at some of the most common custody evaluation problems. There are a few areas where individuals worry the most about problems surfacing during the custody evaluation process. No worries! We'll cover those here, and you should be able to see that some issues are "a big deal", and other are not. The fundamental difference is that what you or your ex may think is a big deal, really isn't to the custody evaluator or the court! Don't get caught up in this game.

History of Drug Use

This can be one of the more daunting, but let's start with some rule-outs. If you've had a drug addiction in the past, but you've been clean for more than a year, and can prove it [periodic drug screens, participation and successful completion of a drug treatment program] and you continue receiving support from AA, NA, or another type of formal treatment, then there will likely be no problem. Let me throw in one exception as an example though. If you've followed this pattern, but relapse repeatedly after a year for the last 20 years, then forget it. Custody is going to be an uphill losing battle.

Drug Use vs. Drug Abuse:

In our society most people consume alcohol, smoke, and have experimented with other drugs once or twice. The primary areas being investigated are looking for either socially acceptable legal drug use and using it in a way that does not impair parenting. If your use falls under this banner, then I would suggest that it's probably not an issue. There are many variances and circumstances, and if you're being called an "addict", it will take time and resources, but in the end this is something that can probably get proven or disproven.

Here's another example: If you were addicted to cocaine for many years, but have several years of documented abstinence, and have been a good parent during the past several years, then your addiction will likely 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. Don't Worry! It is very rare when mental illnesses truly have a negative outcome in custody. Let's cover those circumstances first that could be unfavorable:

1) Being diagnosed with a major mental illnes 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.

These are a few main areas that could be problematic. Notice that most of them pertain to having a serious mental illness and refusing medication. That 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 sucide (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 sticky 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 would be as 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 camps:

1) An isolated incident

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