Child custody is among the most critical problems of a divorce. Whenever parents cannot agree on who should have custody or how parenting duties must be shared, the court might order a child custody evaluation. Evaluation offers an objective, in-depth assessment of the parent and child and their relationship to inform the court of the child’s best interests.
A local attorney who understands the particulars of your state custody law is necessary to ensure what you should expect and how to show your case in a positive light. For example, if you are in New York, a Long Island divorce attorney can help you through the custody evaluation process. They will prepare you for the evaluation every step of the way and provide the necessary legal advice during this difficult time.
What are the Key Steps in the Custody Evaluation Process?
While the evaluation process can seem confusing, knowing the typical steps involved can ease anxiety. The most common components of a child custody evaluation are listed below:
First Interviews
The custody evaluator will typically begin by interviewing every parent in depth. These interviews address each parent’s relationship with the child, their place in the kid’s life, and their future plans with the child. The evaluator will ask parents what parenting arrangements they think would be best for the child.
Child Interviews
Often the evaluator will also meet with the child, alone or with each parent present. These interviews assess the child’s preferences, emotional well-being, and relationship with both parents. The evaluator is trained to speak in an age-appropriate way with children and may find out about daily routines, feelings about each parent, etc.
Home Visits
The evaluator may visit each parent’s home and observe living conditions and parent-child interactions. This step helps the evaluator to watch the child within the environment and figure out if the house is safe, stable, and conducive to the child’s well-being.
Collateral Interviews and Record Reviews
The evaluator will also interview third parties, doctors, including teachers, or family friends who know something about the family dynamics. They can also examine related records like school reports, medical records, past legal documents, etc., to determine the child’s circumstances.
Final Report and Recommendations
After the assessment, the evaluator will prepare a report for the court. This report typically includes a summary of findings, an analysis of family dynamics, and a recommendation for visitation and child custody. The evaluator’s recommendation isn’t legally binding yet important in the court’s ultimate decision.
What Are Evaluators Looking For?
Custody evaluators address several factors when making their assessment. Those factors are the child’s psychological and physical needs, the parents’ capability to satisfy those requirements, the child’s connection with each parent, and each parent’s home environment. The evaluator will also consider prior domestic violence, substance abuse, or mental health records.
Final Thoughts
Many divorce cases include child custody evaluations. They make sure that custody choices are based upon an objective analysis of what’s most beneficial for the child. Parents can navigate this difficult stage knowing the process and preparing with the assistance of an attorney. Courts generally support arrangements that promote co-parenting and minimal conflict because these are usually in the child’s best interest.
