Child Custody Evaluations – What to Expect and How They Impact Custody Decisions
In divorce cases, especially those with children, a custody decision is often at the center of dispute. Custody evaluations are an important part of the process that help judges decide what is in a child’s best interests. They can be requested by a parent, recommended by a Miami divorce attorney or ordered by the judge on their own. However, they all have the same end result – a written report with an official recommendation to the court.
Child custody evaluations are designed to assess a family’s situation, including the quality of parenting and each parent’s ability to provide a safe environment for the child. A family therapist or psychologist conducts the assessment, interviewing parents, children and other key people such as teachers, babysitters, extended family and friends. The evaluator may also conduct psychological testing for both the children and parents. These tests can include intelligence and personality assessments. The evaluator’s report will be reviewed by the judge, who will use it to make a final custody decision.
The child custody evaluator’s report will contain information about the child’s preferences, any evidence of physical abuse or neglect, and the relationship between the child and each parent. It will also provide recommendations for custody and visitation arrangements. These might include whether decisions should be made jointly, by one parent or by both parents, how far apart the child should live from each parent and if either parent is unfit to care for the child.
It is vital for a parent to prepare for the child custody evaluation in advance. This should include gathering any relevant documentation, researching the questions that might be asked and thinking about your answers in advance. In addition, it is helpful to consider hiring a custody lawyer who can prepare you for the meeting and ensure that you are able to effectively communicate your case to the evaluator.
During the meeting, it is important to treat the evaluator with respect and dignity. Do not spend time disparaging the other party – this will only serve to sour your attitude. Try to stay calm and focus on your role in the family and how that plays into the best interest of the children. The evaluator is there to assess your skills and abilities, so it is important that you are able to effectively communicate your point of view to them.
Unless there are legitimate, supportable fears for the health and well-being of the children – or a clear conflict of interests between the parents – it is not always possible to avoid a child custody hearing after an evaluator’s report is completed. However, careful negotiation between you and your ex-partner can sometimes lead to a resolution that is acceptable to the judge without the need for a full hearing. This can save everyone a lot of time, expense and stress.