Basic Guideline of a Custody Evaluation - Texas
What is a child custody valuation/child custody evaluator?
A child custody evaluator (CCE) provides an unbiased and professional assessment of the child’s best interest. The CCE is a neutral third party with a social work background who will provide a detailed report to the court on the parties, the party’s home, anyone involved in the child’s life, as well as the child’s emotional well-being and developmental needs. The goal of the evaluator is to provide the court with an accurate and unbiased view of the parties to help in the decision as to where the child shall live.
A child custody valuation/report is the document written by the child custody evaluator.
When are custody evaluations performed?
The most common reason for a child custody evaluation being performed is if one or both co-parents are not able or are unable to work together to decide on the details of their initial custody agreement. The other reason for a custody evaluation is when one or both co-parents believe that their current custody agreement does not meet the needs of the child or children.
In both cases, the judge presiding over the case will order a custody evaluation to give the parents and the court recommendation for the best path forward to coparent the child or children.
Remember the role of the child custody evaluator.
The evaluator is not your new best friend. They are not your confident. They are not there to take your side. They are there solely to determine what is best for your child.
Preparing for the child custody evaluation.
Undergoing a child custody evaluation is very stressful for most co-parents. Even if you are an exceptional parent to your child, your nervousness may affect your actions during an evaluation. You are not expected to avoid emotion or to attempt to conceal anxiety about this process. It is okay to express you are nervous, scared, and even a bit anxious about this process. It is all normal to feel this way.
Tips to reduce your stress during this process:
- Make a good first impression. Do not express negativity or anger about the evaluation, custody dispute or the other parent. Check your ego at the door and put your best parent face forward.
- Be cooperative with the evaluator. Even though you may oppose this evaluation and did not want it, it is important to cooperate with the evaluator. You want to give a good impression of you, your home, your family, your life.
- Many co-parents believe it is helpful to treat this process much like a job interview. Dress appropriately and aim to be punctual, honest and confident. You are a goo parent and love your child very much, it will shine when you keep that in mind.
- Before a home visit, clean your home. Sweep, mop, dust, straighten up your space. Make your space warm and inviting. Make sure the family pet is secure and not bouncing all over the evaluator. Make sure you have a couple of activities prepared so that you can interact with your child(ren) while the visit occurs. This allows you to showcase your skills as a parent and keeps the child(ren) amused while the evaluator is there. Play with your child(ren), laugh with them, enjoy them. These moments are precious for you in the future, do not miss them just because you have this evaluation going on.
- Be prepared and organized beforehand. If the evaluator has asked for documents make sure you send the documents to the evaluator as quickly as possible. If you need
assistance, reach out to your legal team for help. - Make sure you are holding the best interests of your child above all else. Make your child a priority over other things is the most important for scoring
DO NOT use this as a time to give details about the divorce/modification, complain about the other parent, exaggerate or lie. Just DO NOT do it. It is not worth it.
Leave the problems within your marriage or coparent relationship with you out of the discussion. If the other coparent was not the best spouse/partner, does not mean they are not a good parent. Telling the evaluator about the drama involved in your marriage/coparenting relationship will NOT help your chances in winning custody and could ultimately cost you custody.
What is the child custody evaluation process?
The basic elements of a custody evaluation, necessary for a recommendation, include:
- Reviewing your court file;
- Personal interview of each party to the suit, teachers, grandparents, friends, health care providers and so on;
- Interviews of each child the subject of the suit, regardless of the age of child, during a period of possession of each party to the suit but outside of the presence of the party;
- Observation of each child the subject of the suit in the presence of each party to the suit, including during supervised visitation, unless good cause is stated;
- Observation and interview of any child not the subject of the suit who lives full time in a residence that is subject of the evaluation;
- Information from relevant collateral sources, including review of school records; physical and mental health records of each party and each child the subject of the suit; records of Department of Family and Protective Services; criminal history information of each child, each party, and each person living with a party to the suit; any other collateral source with relevant information
- Evaluation of the home environment of each party seeking conservatorship or possession of a child the subject of the suit, unless the condition of the home is not in dispute;
- Criminal history and contact with the Department of Family and Protective Services or any law enforcement agency regarding abuse or neglect; and
- Assessment of the relationship between each child subject of the suit and each party seeking possession of the child.
Answer all questions ask timely and respectfully.
Additional elements that may be included in the evaluation include:
- Psychometric testing;
- Other tasks requested by the court to be performed, including a joint interview of the parties to the suit, and review of any other relevant information.
What is in a child custody evaluation report?
Based on the information that is gathered from these observations, the evaluator will generate a report to pass along to the judge hearing the case. The report is filed with the court by the evaluator and each prospective party is provided with a copy of the report. This report will include all of their findings and recommendations regarding how custody should be awarded.
The evaluator will include the following in their report:
• each parent’s physical and mental health
• each parent’s emotional stability
• each parent’s relationship with the child
• each parent’s education and work skills
• each parent’s living situation and ability to provide a room for the child
• the child’s bond and emotional ties to each parent
• the child’s special needs
• the child’s current living situation and contact with each parent
• the child’s relationship with extended family members
• each parent’s current employment and earning capacity
• each parent’s motives for seeking custody
• each parent’s financial situation
• either parent’s history of domestic violence or child abuse
• the child’s preference—if the child is of a sufficient age and maturity
• recommendations from expert witnesses, custody evaluators, or psychologists
• each parent’s willingness to allow the child to have a meaningful relationship with the other parent, and
• each parent’s ability to provide for the child’s emotional, physical, educational, and social needs.
The report will provide the history of the case, the present of the case and what the evaluator believes should be the future of the case.
Remember, you got this. Your child loves you and loves your coparent. Keep your child the focus of the evaluation.