When parents divorce, the divorce decree must establish plans for child custody, visitation/access and child support. Many parents use mediation or get assistance from their attorney to work out plans for the children. Once completed, the parenting plan is submitted to the Court for approval. When parents are unable to resolve disputes about child issues, a trial will be held and the judge will decide the issues. Prior to the trial, the judge may require the family to participate in a Custody Evaluation.

The Custody Evaluation is an assessment of the needs of the children and each parent’s ability to meet those needs. It is directed towards helping the family make a positive adjustment to divorce. The Evaluation is attentive toward past events, present resources and future family needs. It addresses the strengths and weaknesses of both parents and lays out a plan to help the parents address their weaknesses. It is focused on the “best interests” of the children, not necessarily the parents. The Custody Evaluation does NOT seek to determine fault or blame for the divorce, nor does it take one parent’s side against the other. It is meant to provide the judge with the “facts” and relevant information on which the judge will base his/her decisions.

During the Custody Evaluation, each parent can expect to be interviewed. This is an opportunity to provide issues and concerns about the children and the other parent. Conferences with both parents may be scheduled in order to assess the capacity of two to work together in a shared custody environment. The children may be interviewed either in the Evaluator’s office or one or both of the parents homes. This will allow the children to provide direct input of their concerns and issues and to assess the relationships between family members. The evaluator may interview other people in the children’s lives, including grandparents, step-parents of significant others.

The Evaluator may request releases to obtain school, health, social service, police and other pertinent records or documentation that may be relevant. The Parent(s) may be asked for names of witnesses that can provide first hand information relative the issues and concerns that are raised. If there are concerns raised regarding mental health issues, alcohol and/or drug abuse the Evaluator may request the court order that a psychological, drug or alcohol test be performed.

It is extremely important that both parents participate fully in the evaluation. Parents should be open, and honest with the Evaluator. Children have the right to love both parents and to have access to each parent without interference. All children benefit from the absence of stress and conflict between the separating parents. Children do much better when parents cooperate and work together. Children of different ages have different needs and the Evaluator will take child development into account. The Evaluation is not a win/lose process, but should be considered as a process whereby a complete picture of the family dynamics will allow the judge to make informed decisions regarding child(ren) and what may best serve them to grow to be happy, content adults.