Deciding Child Custody Using Evaluations

Posted on: 5 August 2021

Divorce is made up of many issues, and none are more emotional than those dealing with children. Custody is a tricky subject and one that can bring divorce proceedings to a temporary halt. When the parties don't agree on child custody, the judge may order a study done to answer questions about who is a better fit for the child. If you are about to undergo a child custody evaluation, read on to find out more.

Who Are Child Evaluators?

You might be assigned an evaluator or you could be provided with a list of approved experts. The courts only approve of those with certain credentials, which vary by state. If you decide to have a study performed on your own, be sure and find out about the experts' experience in such matters, their educational background, and whether or not their work result will be acceptable to the court. These experts may be social workers, child therapists, or other specialists in the mental health field. They are not often lawyers, however, and are not supposed to offer any legal advice or take sides.

What is the Process Like?

While things can vary, most experts will plan to spend time with the child, both parents, and sometimes, other common people in the child's life, such as relatives, pediatricians, teachers, neighbors, and more. Each session will take from an hour to a couple of hours, and parents may only be allowed access to the interviews in certain situations. At least some of the evaluation will include:

  • One-on-one interviews with the main parties.
  • Educational and psychological testing of some of the parties.
  • Recorded play therapy sessions with just the child and the expert.
  • Recorded interactions between each parent and the child.

And more.

How to Prepare

Child study professionals are adept at spotting a child who has been coached by a parent, so avoid that at all costs. What you do say to the child depends on their age. Keep things casual because children can pick up on your nervousness and anxiety surrounding the evaluation. During the interviews, your relationship with your spouse is bound to come up so pay attention to the way you handle things. Unless your spouse is unfit to parent due to abuse, substance abuse issues, or for other proven reasons, use care not to denigrate them during the evaluation. Be respectful, factual, and honest about your soon-to-be ex and how you feel about their parenting abilities.

Speak to your divorce lawyer at once if you notice issues with the evaluation. They can bring the evaluation to a halt if things are not going well. You may be allowed to have another evaluation performed using a different expert in some cases. To find out more, speak to a custody support attorney near you.

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