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CUSTODY EVALUATION

There is a bit of mystery around custody evaluations and how to prepare for a custody evaluation due to the way they are portrayed in the media, rumors, and sometimes impressions offered by various legal parties. For example, I’ve heard some attorneys say, “That evaluator always goes for the mom” or similar biasing statements. Although there’s always exceptions, I don’t believe many of these statements because they’re generally not true.

Basics About Custody Evaluators:

A good custody evaluator has an abundance of experience in divorce matters. Be careful not to go to a “generalist” who does this work “on the side”.

Custody Evaluators are neutral professionals, unlike therapists who advocate for their client. The job of a custody evaluator is basically to conduct a psychological evaluation in which they collect data, analyze it, and offer opinions in The Best Interests of the Children for child custody and a parenting plan.

Custody Evaluation Components:

Here are the main components of a child custody evaluation:

1. The DEBRIEFING: You and your spouse should meet separately for an intake with the evaluator, be explained the procedures of the custody evaluation, and be given releases of information, and other payment agreements to be signed.

2. Your INDIVIDUAL EVALUATION: This consists of a) an interview and b) psychological testing to assess your personality, and different aspects of your parenting skills.

3. ATTACHMENT or BONDING STUDY: This is either a semi-structured or structured (or both) observation of you and your child. It may be at your home or at the doctor’s office. It usually lasts an hour and the evaluator simply observes and takes notes of your behavior. You may be given a few tasks to complete such as working on a drawing with your child.

4. COLLATERAL CONTACT INTERVIEWS: This refers to all of the other third-party professionals and extended family who have involvement with your children, yourself or family. Here’s a list of who it can include:

Children’s Pediatrician
Children’s Preschool Staff
Children’s Teacher’s or Principal
Parent’s Medical Doctor
Parent’s Mental Health Provider
Baby-Sitters
Extended Family
Neighbors

5. RECORD REVIEW: This refers to any of the records involved with #4, but also includes e-mails between parents, past mental health treatment, past criminal records, employment records, bank records, legal records, and is essentially unlimited. The more complicated the case, the more records that are generally requested.

How To Prepare For A Custody Evaluation:

This is the question I am most frequently asked, and most frequently help individuals overcome. There is some general advice I will list below, but each case is unique in the challenges, complexity, and often conflict involved, making preparation a process and not a one-time rehearsal.

Don’t Lie. If you can be honest, this will likely be an advantage. Nothing is worse for an evaluator than hearing story after story which later after corroborating through additional sources turns out to be untrue. If you lie, it will probably make you look bad in the end at least to some degree. AND, don’t think you won’t get caught in your lie. Even if the whole truth doesn’t come out, if something looks suspicious, it will get tied into the report, and you don’t want “suspicious” associated with your parenting role.

Organize all of your information, records, phone numbers, fax numbers of any record, professional, or additional collateral contact you think may be requested. There are two advantages: the first is it prevents wasting time and secondly it saves you money by not leaving the evaluator to do it. Organize everything in a binder, drop it off at a copy center to make full-copies of everything to simply hand-over to the evaluator.

Find something to deal with the stress. This is critically important on the days you go to court and the days of your evaluation. You need to unwind from the stress of the whole process and be your best. Most clients sit at home worrying about the events and the outcome. This is not helpful. Engage in a sport, hobby, or form of entertainment that helps you relax.