What Is a Child Custody Evaluation?

In a child custody evaluation, a mental health professional will make a recommendation regarding your custodial and visitation rights with a child. The recommendation will go a family court judge or other authority. The recommendation will not be binding, but it will be taken seriously.

The evaluator will seek to learn more about you as a parent or guardian, any co-parents, your child, and your interactions. Evaluations typically take place in the home as well as the office setting.

Whether you are in the midst of a divorce or other custody battle, child custody evaluations are commonly requested when a court needs to determine the ability of one or both parents to care for their children effectively. While they are common practice in most states, it can still be an invasive, stress-inducing ordeal for a parent.

The main purpose of a child custody evaluation is to determine if the child’s needs are being met as best as possible presently and in the future. Though most assessments are psychologically-based, the evaluator also pays attention to many other factors before making a recommendation to the courts. 

If you are currently preparing for a child custody evaluation, it can be helpful to consult with a family law lawyer in your area before the evaluation begins.

When Are Child Custody Evaluations Conducted?

Typically, child custody evaluations are ordered when divorcing parents can’t work together to decide on the details of a child custody agreement.

Another reason they are performed is when a parent challenges the current child custody order because they believe that the agreement is not in the best interest of their children. 

Regardless of the situation, a judge may order an evaluation to gain an independent opinion from a trained psychologist, licensed social worker, or similar specialist. If an evaluation is not ordered, parents also have the ability to consent to or explicitly request an evaluation.

Child Custody Evaluation Process

Evaluators do not all use the same tactics or strategies. However, there are a few commonalities that frequently appear regardless of who is evaluating you and your children. They include:

• At least 2-3 individual interviews with each parent 
• At least 2-3 individual interviews with the children 
• Observations of each child with their parents
• Psychological testing of the parents as well as children
• Review of court documents and other information relevant to your case
• Contact with others involved in the child’s life (i.e. therapists, counselors, teachers, pediatricians, day care instructors)
• A written report with that addresses all major concerns brought up by the court and each parent 

How to Prepare for a Child Custody Evaluation 

Any time there is another person in your home evaluating you and your children, it can be stressful. This can be true regardless of if you’re a perfect parent or not.

Unfortunately, stress and nervousness can potentially affect the evaluation, especially if you are not prepared. Before your evaluation begins, consider how to set yourself up for success:

1. Be Organized: Your child custody evaluator will likely request certain documents and have many questions for you during the evaluation. The less you have to run around looking for paperwork, the more relaxed you can be. 

2. Cooperate: You may not like that your parenting ability is being questioned, but it’s in your best interest to get along with the evaluator as much as possible. After all, they are human. If you are rude, not helpful, or dismissive, it could negatively affect their recommendation. 

3. Keep Your Child’s Best Interest in Mind: Remember, this evaluation is not about your personality or you. The main focus of it is your child’s best interest. Showing that they are your priority can only bode well during an evaluation. 

4. Treat it Like an Interview: This does not mean that you should go out and buy a new suit, but it does mean that you should dress nicely, be punctual, and be as professional as possible. 

5. Consult With Your Lawyer: A child custody lawyer can help you to prepare for your evaluation by helping you to create a list of referral questions and potential issues you would like to discuss. Evaluators have a lot on their plate, so they may naturally forget a few important questions. Your attorney can help to ensure they don’t. 

What Should You Tell Your Children Before a Custody Evaluation?

Parents that are preparing for an evaluation hardly want to surprise their child. Discussing it in advance can be a difficult subject to broach because you want to warn your children, but you also don’t want them to feel pressured to act differently.

It’s typically best to gauge your child’s level of maturity and be as honest as possible with them about the evaluation, while letting them know that any final decisions made are not their fault. 

Choosing an Evaluator

In many cases, a judge or your lawyer will choose a child custody evaluator for you. You may also be given several options to choose from. If you are, it is a good idea to select an evaluator that is experienced at their job.

It can be tempting to simply select the least expensive evaluator, but try to see what potential evaluators say about:

• Their experience as a child custody evaluator
• Whether or not they have any specific training about the issues you’re dealing with 
• How they will conduct the evaluation 
• Their overall experience with children

What Can You Expect From Recommendations From the Evaluator?

These evaluations are not just for show. They are conducted with a purpose to yield real results that benefit the child and help the court to make final child custody rulings on disputed issues. Each case is unique, but overall, you can expect the following results from recommendations made by your evaluator.

• Custody and visitation recommendations
• A parenting plan that addresses time shared between each parent and their children, as well as conflict resolution strategies like parenting classes
• Mental health recommendations for the children as well as parents
• Recommendations focusing on relevant special issues such as domestic violence or substance abuse
• Provisions for reevaluations as the child ages or circumstances improve

Are Child Custody Evaluations Private?

Family court records are generally not open to the general public, due to their sensitive nature. However, those with a legitimate interest in a case may still be able to access the records.

Child custody evaluations do not fall under typical patient-therapist confidentiality rules that limit what can be disclosed to outside parties. The information you share, and what is observed by the evaluator, can be discussed with a judge or government authority. It can also potentially be discoverable by your spouse’s attorney.

In addition, the child custody evaluator may be called into court for questioning. While much of what is observed may become public, there are still elements of the evaluation that are private – especially sensitive information that is revealed about your children.

All child custody evaluators have a duty to inform you of the limits to confidentiality before the evaluation begins. 

Signs of a Bad Custody Evaluation

Child custody evaluators are highly trained professionals, but they are still human. There is a potential for a “bad evaluator” for any number of reasons. A few signs that your child custody evaluation may be inaccurate or unfairly biased include:

• Communicating with one spouse more than the other 
• Making recommendations that do not complement the facts of your case
• Drawing conclusions without sufficient evidence 

If you suspect that you are working with a biased evaluator, it is in your best interest to consult with a lawyer. They can potentially help to point out these biases to a judge, request a new evaluator or at least have the recommendations looked at with scrutiny. 

How Much Does a Custody Evaluation Cost?

Voluntary child custody evaluations are not free. The total costs will depend on where you reside, the size of your family, and the types of issues that you are dealing with. In general, you can expect to pay anywhere from $2,000 to $6,000. Those living in larger cities typically have multiple evaluators to choose from.

If a custody evaluation is ordered by a court or government authority, then the cost will likely be free or limited based on a parent’s ability to pay.

Is a Custody Evaluation Worth it?

If you and your co-parent have very few disagreements that can potentially be worked out together in mediation or some other form of non-adversarial negotiation, it may be best to work it out on your own without involving a child custody evaluator. 

However, if you have disputes that can’t be settled together or with the help of a mediator, an evaluation could be your best option. This is especially true if you believe that your child is in danger or in a situation that could negatively affect them and your relationship with them long term. 

It’s important to remember that family court judges take the recommendations of evaluators very seriously. Even if you feel like the evaluator was sub-par or biased. the judge will likely give great weight to the custody evaluator when making a decision. So, there is some risk involved in the process. 

Hiring a Lawyer to Deal With Custody Evaluations

Technically, you can prepare for and go through a child custody evaluation without the help of a lawyer. However, most parents recognize what is at stake if they do not consult with a family law attorney. An attorney can ensure that you are as prepared as possible, refute any potentially false or biased recommendations, and protect your child’s living arrangements.

Since most child custody evaluations occur during a divorce, lawyers can also assist with splitting property, spousal support, and other divorce-related issues along with helping you secure custody of your children.

Many family law attorneys charge $3,000 to $5,000 upfront and an additional $300 to $500 per hour to provide services. However, rates for unbundled lawyers start as low as $500 to $1500. Unbundled family lawyers handle the more complex part of your a case,while you save money by taking care of the rest on your own. If your case is more complex, our network of unbundled lawyers also offers full representation at affordable rates. 

Before you spend thousands of dollars in upfront fees, fill out an online form, get quickly connected with a child custody lawyer in your area, and learn if your case is a good fit to be unbundled.