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 worry among the individuals involved. You will learn that there is a fundamental difference between what you or your ex-spouse consider to be really significant and what the custody evaluator or the court deem relevant. It is most important to understand the difference.

History of Drug Use

Chemical dependence is serious. If 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 or support group. if you relapse repeatedly, this can be a major problem impacting your parenting time.

Drug Use vs. Drug Abuse:

In our society most people consume alcohol, smoke, and have experimented with drugs. In custody evaluations, the interaction between drug use and parenting is usually thoroughly reviewed.

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 parent of having a mental illness when they don't have one, or they are exaggerating the symptoms of a mental illness when it has been diagnosed formally. The fact: It is not so common 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 psychiatric illness like schizophrenia and not taking prescribed medication by your psychiatrist;

2) Having a mental illness that results in violence and not participating in treatment recommended for your stability and sound decision making;

3) Having a mental illness that distorts your reality and decision making;

4) Not participating in recommended treatment, particularly when more than one professional are recommending it.

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 becoming unstable or unpredictable in a way that is not good for the children.

Here's some example's when mental illness is generally not a serious concern:

1) I was briefly 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 in large crowds.

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 . Safety is always a core issue.