Custody Evaluators
Who Needs a Custody Evaluator?
You are divorcing or separating from your partner and you and your ex have retained counsel but have been unable to resolve your custody dispute. In such cases, the courts may appoint a neutral third party to investigate and report back to the Court in order to insure that the Court has information about your children’s circumstances and best interests.
What is a Custody Evaluator?
Custody Evaluators are appointed by the court, and paid for by the parents, to investiregarding custody/visitation arrangements that are in the best interests of your children. Custody Evaluators may be asked to submit recommendations to the Family Court and are available to testify at trial or hearings.
Custody Evaluators can be attorneys, mental health professionals, social workers, or other professionals with appropriate training. The court and your attorney should identify what credentials are necessary for your particular circumstances.
When Does a Custody Evaluator Get Involved?
A Custody Evaluator can be appointed by the Court at any point after the beginning of litgation and prior to trial.
How Does the Custody Evaluation Process Work?
Initially, a Custody Evaluator review legal documents and pleadings in order to understand what issues the Court would like the Evaluator to investigate. The Custody Evaluator will meet with each parent individually and will meet with each parent and children to observe the parent child interaction.
Custody Evaluators are "fact finders" who speak with "collateral" sources of information, such as therapists, teachers, caches, friends, relatives and others who have important information about the children. After a full investigation the Custody Evaluator will provide the Court with a report that describes your family’s current circumstances, how you arrived where you are and what course of action may be in the best interests of your children.
A Custody Evaluator, may, with the permission of the Court and the parties, help to reach settlement in order to minimize the need for continued litigation and conflict.