Child Custody Evaluation

Rather than a nerve-wracking activity in the win-lose approach to your divorce, a child custody evaluation should guide you toward a healthier resolution.

A child custody evaluation may be one of the single most important evaluations of your life. Often the future of your child and how your child will be raised will be greatly impacted depending on the outcome of your child custody case.

Divorce requires a restructuring of parental rights and responsibilities in relation to children. If the parents can agree to custody or a restructuring arrangement, which they do in the overwhelming proportion (90%) of divorce custody cases, there is no dispute for the court to decide.

However, if the parents are unable to reach such an agreement, the court must help to determine the relative allocation of decision making authority and physical contact each parent will have with the child. The courts typically apply a "best interest of the child" standard in determining this restructuring of rights and responsibilities.

There are certain general guidelines for Child Custody Evaluations in Divorce Proceedings that do not vary much by state. I suggest you look up your own state to learn which guidelines are paramount to your own situation, what I am presenting to you are just general guidelines for the purpose of a child custody evaluation.

The primary purpose of a child custody evaluation is to assess the best psychological interests of the child, while the primary consideration is to assess the individual and family factors that affect the best psychological interests of the child. In a child custody evaluation, the child's interests and well-being are paramount. Parents competing for custody may have legitimate concerns, but the child's best interests must prevail.

It is very common to seek the professional opinion and testimony of a counselor or therapist that is capable and qualified to perform these evaluations. The evaluator will study the behavior and emotions of the family relationships, and testify in court or at a deposition to explain his or her conclusions.

The members of the family should be aware of the differences between the distinctive roles of the counselor and the evaluator. The evaluator merely studies the family, where as the counselor not only evaluates, but in fact, is charged with the task of providing extensive advice.

In considering psychological factors affecting the best interests of the child, the evaluator focuses on the parenting capacity of the prospective custodians in conjunction with the psychological and developmental needs of each involved child. This involves:

*An assessment of the adult's capacities for parenting, including whatever knowledge, attributes, skills, and abilities, or lack thereof, are present.
*An assessment of the psychological functioning and developmental needs of each child and of the wishes of each child where appropriate.
*An assessment of the functional ability of each parent to meet these needs, including an evaluation of the interaction between each adult and child.

Other things that are considered are the values of the parents relevant to parenting, the ability to plan for the child's future needs, the capacity to provide a stable and loving home, and any potential for inappropriate behavior or misconduct that might negatively influence the child.

Psychopathology may be relevant to such an assessment based on the impact custody has on the child or the abilities of the parent to provide a healthy atmosphere, but it is not the primary focus.

When a custodial agreement cannot be reached between the two parties prior to the trial date, a great deal of preparation may be required by the client and the attorney in order to effectively petition the court for custodial rights. It is important to be know what to expect from a quality custody evaluation.

*There should be a mutual agreement on both sides to have an evaluation conducted. To emphasize the importance of this decision, the commitment should be backed by the signature of each person involved.

*One side should never be observed and/or evaluated without the other one present, unless previously notified and authorized.

*The child should be observed and evaluated on how he or she acts around each parent individually and collectively. The child may also be interviewed privately, but age and maturity always plays a vital role in this decision.

*The evaluator should visit the homes of each parent at a time which would best exemplify the typical family atmosphere. While this would not be a surprise visit, neither should it be coordinated or rehearsed. The child must be present at the residence for at least part of the visit.

*The evaluator should inquire about contacting teachers, doctors, baby-sitters, or any other people who have had a fairly close relationship with the child. These people should be called and considered for an interview.

*The evaluator should deliver reports to each party concurrently, and a session should be made available in which each parent can address any questions as well as receive information about the child and the family relationships.

Your child custody evaluation, if approached correctly, can be a process which results in an opportunity for you and your ex-spouse to learn about how the two of you can work together on behalf of your children. Rather than a nerve-wracking activity in the win-lose approach to your divorce, a child custody evaluation should guide you toward a healthier resolution.

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