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What is a child custody evaluation?

A child custody evaluation is a process in which a mental health professional (often a psychologist or social worker) evaluates you, your child(ren) and your co-parent to make a recommendation to the court regarding custody and visitation.

The purpose of all custody evaluations is to ensure that the needs of children are being met as best as possible. This assessment requires the psychologist to pay particular attention to the skills and deficits of parenting attributes in tandem with the psychological needs of the child.  

When are custody evaluations performed?

The most common reason for a child custody evaluation being performed is if parents are unable to work together to decide on the details of their custody agreement. The other common reason for a custody evaluation is when one or both co-parents believe that their current custody agreement does not meet the needs of their child or children. 

The judge presiding over the case will order a custody evaluation to give the parents and the court recommendations for the best parenting arrangement. Parents can also consent to a request for a custody evaluation through an agreement. Parents should always consult a legal professional about a custody evaluation before pursuing one.

Always keep in mind the role of the child custody evaluator. They are present solely to determine what is best for your child. They are not your friends. They are not your therapists. They are not your confidants. They are not there to take your side. They are there to help determine the best interest of the child.

What is the child custody evaluation process?

It is important to fully understand the mental health professional observing your and your family is simply trying to determine what would be in the best interest of your child or children. In order for the professionals to make this determination they will typically follow a procedure similar to the following:

• They will review your court file.
• They will conduct multiple interviews with both parents, the child, teachers, doctors, grandparents or friends.
• They will observe interactions between the child and each parent. They will be looking for signs of attachment, communication patterns, and the overall dynamics of each parent-child relationship.
• They will review documents such as school records, medical records, child protective services if applicable. 
• In some cases, they will conduct psychological assessments or testing on the parents and/or the child to evaluate mental health, parenting abilities, and the child’s emotional well-being. 
• Based on the evaluation findings, the evaluator will prepare a detailed report for the court, offering recommendations on the custody arrangement. This could include suggestions for sole or joint custody, visitation schedules, and any necessary interventions (like therapy or parenting classes).

The court’s main concern is ensuring that the custody arrangement services the child’s emotional, physical, and psychological needs.  The evaluator will assess the parents’ ability to meet the child’s needs, including their parenting style, mental health, stability and willingness to support the child’s relationship with the other parent. Depending on the child’s age and maturity, their preferences about custody and visitation may also be taken into consideration.

How do you prepare for a child custody evaluation?

Undergoing a child custody evaluation is very stressful for most parents. Even if you are an exceptional parent to your child, your nervousness may affect your actions during an evaluation. Preparing for a child custody evaluation is an important step in ensuring that your present yourself and your parenting abilities in the best possible light. 

The custody evaluator does not expect parents to avoid emotion or to attempt to conceal anxiety about the interviews and home visits. It is okay to express you are nervous, scared or a bit anxious about this process; by doing so you will let the evaluator know you are paying attention to this process and are engaged in doing what is right for your child or children. 

Here are some tips to help reduce your stress during this process:

• Understand the Process: Familiarize yourself with the evaluation process so you know what to expect. Ask your legal team at the Denis Law Group about the process, who the evaluator is, what the evaluator will ask, how long will the evaluation take, are there documents you need to gather beforehand, who pays for the evaluation? 

• Be Cooperative: Do not express negativity or anger about the evaluation or the custody dispute. Even though you may oppose the child custody evaluation, it is important to cooperate so that the evaluator does not get the wrong impression.  Be honest and transparent with the evaluator. Be punctual to all appointments and providing documents when requested. Be open about your strengths, challenges and any past issues (such as mental health or substance abuse), there are areas you have worked on or improvements you have made, share this information with the custody evaluator.

• Focus on the Child’s Best Interest: Keep in mind the primary concern is the child’s well-being. Be prepared to talk about your child’s needs and how you meet them every day and how you will continue to meet them in the future. Show that you are capable of fostering a loving, supportive and stable environment. Be clear about how you do and will continue to support your child’s relationship with the other parent. 

• Be Prepared and Organized: Make sure you have all documents supporting your ability to parent in a folder ready to be given to the evaluator. Documents to gather may include school reports or attendance records, health records or medical appointments/dental appointments, extracurricular activity records, legal or court documents if applicable. Make sure  to have 10 to 15 photos of you and your child or children together doing things together. 

• Show Willingness to Co-Parent: Emphasize your willingness to cooperate with the other parent. Highlight your commitment to facilitating a positive relationship between the child and the other parent. Avoid speaking negatively about the other parent, this could reflect poorly on your ability to co-parent effectively. 

Do not use your interviews as time to give details about the divorce or complain about the other parent, exaggerate about the situation or lie about what is going on. Leave the problems within your divorce/relationship out of the discussion. Just because the other parent was not good to you, and it didn’t work out doesn’t mean they are not good parents. Telling the evaluator about the drama involved in your divorce/relationship will not help your chances of winning custody and could ultimately cost you custody. 

• Prepare for the Interview/Home Visit: Before a home visit, clean your home and make sure that your child or children have been provided with appropriate entertainment to keep them occupied during the appointment. Make sure you are involved as part of the entertainment. This is your time showcase how amazing you are with your child or children. Play with them, laugh with them, enjoy them. This is about you and your children and how much you love them and support them. 

Stay focused on the child’s needs and your ability to meet them. Be calm, respectful and cooperative with the custody evaluator. The evaluator observes how you interact with your child or children, so show patience, consistency and understanding in these interactions. 

Be prepared to discuss your approach to things like education, discipline, emotional support and how you address any special needs your child or children may have. If your child is old enough to speak with the evaluator alone, encourage open communication with your child and the evaluator. 

Show that you have a stable living situation and designated space for your child to thrive and grow.

The evaluation is intended to help the court make informed decisions about custody arrangements. While the final decisions are always made by a judge, the evaluator’s report is highly influential in guiding the court’s decision-making process.

Make sure you are holding the best interest of your child or children above all else. Showing that you make your child or children a priority over other things is the most important for scoring well in your evaluation. The single most important aspect of this process – your child or children. By preparing thoughtfully and focusing on your child’s best interest, you can present yourself as a responsible, caring and capable parent during the evaluation.