Custody Evaluations & Assessments
Custody Evaluations
A custody evaluation is also known as a child custody evaluation, a best interest evaluation, or a parenting evaluation. These terms may be used interchangeably. These are evaluations that are being completed for the purpose of determining both legal and/or physical custody in situations where parents are separating. More often than not, there is already a pending court action and both parents have attorneys.
Parents may select a joint evaluator or obtain their own. In some circumstances, the court may appoint an evaluator. In other circumstances, the parents can agree to hire an evaluator. Either way, the preferable manner is to have a written agreement or court order regarding the purpose and scope of the evaluation.
These evaluations are usually conducted by a qualified mental health professional, who is a forensic psychologist. This person is a qualified expert witness who will ultimately testify in court if the issues are not resolved between the parents privately. An expert witness is a person who has specialized knowledge on a particular topic beyond that of a lay person.
In an evaluation, the mental health professional may do any or all of the following:
Interviews with the parents alone;
Interviews with the parent(s) and child(ren);
Interviews with other family members, friends, teachers, doctors, or therapists;
Review of court documents or other evaluations;
Review of medical records, police records, or other relevant documents;
Psychological testing of the parents;
Home visits;
Other assessments based on the information provided during the evaluation.
Custody evaluations generally take several months. This is a lengthy process that is not only time consuming but very expensive. The evaluator will have the parents sign an engagement letter that sets forth the scope of the evaluation and the potential costs involved.
The evaluator will ultimately prepare a comprehensive report that is generally in excess of 50 pages. The report will provide a detailed statement of the interviews with the parents, review of the documents, etc., as well as an analysis of the statutory factors for custody.
Custody Neutral Assessments
When parents do not want to spend the time or money to have a full custody evaluation then a Custody Neutral Assessment or CNA may be appropriate. If the parents have participated in the court custody and parenting time mediation available free through the courts and are still unable to resolve the issues, then they may choose to do a CNA.
The scope of the CNA is limited. In layman’s terms a CNA is a mini-custody evaluation. The mental health professional will meet with the parents and if age appropriate, the children, and make recommendations. There is no psychological testing, home inspections, or reviewing of outside documentation.
The CNA can be completed very quickly, often within a few weeks of retaining the mental health professional. The cost of the evaluation is substantially less than a full custody evaluation. The cost of a CNA is generally a flat fee, which limits the potential financial exposure for the parents. The evaluator will prepare a brief report, usually no more than 5-10 pages explaining the family dynamic and making recommendations.