Custody Evaluations

The court or either parent may ask for a custody evaluation in visitation and custody cases. The court may use this information in deciding who gets custody or what type of visitation schedule is created.

A custody evaluation’s importance is enormous. That’s right: it is extremely vital as custody cases are won and lost based upon the evaluator’s report!

Obviously, within our judicial system, a judge does not exit the courthouse and drive to the homes of the parents and witnesses to poke around. The litigating parties, instead, present all of their evidence to a trial judge.

That having been said, courts have an investigative branch especially for custody cases. So, essentially, the court can order a custody evaluation to inspect the parenting skills of the dissenting parties.

The custody evaluator, who is generally a social worker, completes a thorough study of each parent’s parenting abilities, psychological nature, and other considerations. This information is then passed in a report to the court with a recommendation of the best custody arrangements. Also, remember, the evaluator has been hired by the court, thus, his report is quite influential.

The custody evaluator will come to your home. You will be interviewed, and, your house and behavior will be observed.

How To Prepare For A Custody Evaluator

This is largely just common sense stuff; but, I will put it in a list as that might be helpful.

• Make sure that your residence is clean and safe. Make sure no things that could possibly be harmful to your child are accessible to the child. As indicated, this is just a matter of common sense, and, I’m sure you are already following this practice.
• Make no attempts to influence your children. Now’s not the time. The time to influence your children has been in your daily life up until this point. I’m sure that you taught them wonderful values (including telling the truth), and, now’s the time for the kids to tell the truth.
• Do not smoke. If you are a smoker, make an attempt to quit. Second-hand smoke is harmful and will likely be held against you. If you can’t quit smoking, make a point to never smoke inside the house. Try using nicotine gum if necessary.
• Make sure the television is off when the custody evaluator is present.
• Have your children’s artwork hanging in the house. Have happy pictures of you and your children displayed. Again, I’m sure that you’re already doing these things. : )
• When you are being interviewed, be sure to spend your conversational time discussing the children and what’s best for them. Do not focus on the flaws of their mother. Simply (and humbly) highlight your own parenting strengths.
• Again, this next one is obvious, but, sometimes we overlook the obvious. In other words, be sure to get a really good night’s rest before the evaluation day. Have a good breakfast. If you pray, say some prayers. Be relaxed and confident (with humility of course!)

Ultimately, as indicated, the evaluator will be writing a report which will be delivered to the court. The evaluator, in the report, will recommend a custody an visitation plan.

Do not call the evaluator, because he will not reveal the results. In fact, you may not even see the report until a few days before your trial date. You will have the opportunity to call the evaluator as a witness to the stand for examination. Generally, it’s best to focus on your good points rather than mom’s bad. You’ll also be able to have your private custody evaluator appear as a witness to testify.

Remember this friends: It is very difficult to persuade the court to do something that differs from the custody evaluator’s recommendation.

It is likely that the guardian ad litem will be involved making a suggestion to the court concerning visitation and custody. The guardian ad litem’s job is to advocate the child’s best interest: essentially, the guardian ad litem is the child’s attorney.

Father Rights

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