How to Get Through a Custody Evaluation
Research the information gathering process., Understand the background of evaluators., Be clear on the type of evaluation being conducted., Know what to expect from the final report., Understand your financial responsibility beforehand., Recognize...
Step-by-Step Guide
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Step 1: Research the information gathering process.
Talk to your lawyer or research online about what the evaluation process includes in your state.
Usually you will need to participate in a series of interviews, provide a variety of child-related documents, complete a questionnaire, and meet with a psychologist.Your children will be involved at various points in the process, often during the home interview/visit stage.
It is also important that both parents cooperate throughout the entire evaluation.
Not all partners meet with a psychologist during an evaluation.
However, if you do, you may be asked to complete a series of written tests as part of that process. -
Step 2: Understand the background of evaluators.
You may not like the evaluation process, but you need to respect your evaluator.
Ask them about their professional background.
You will find that most evaluators are independently licensed mental health professionals or counselors.
They will have experience working with the courts and will understand how to juggle the needs of all parties.Most evaluators also have a specialty in a child-related area.
This often connects to their decision to serve the court in this capacity.
Once you meet your evaluator you might say, “Can you tell me a little bit about yourself?” , Your evaluator may be looking for information regarding your potential for legal custody, physical custody, and/or visitation.
They may be considering whether or not the existing custody order needs to be modified and in what ways.
Talk with you lawyer and evaluator regarding exactly what custody options are available.When opening up this subject with your legal representation or the evaluator you might say, “What are the various custody scenarios that will be evaluated? What are the possible outcomes?” , At the end of the entire process your evaluator will create a substantial document that discusses all elements of their custody investigation.
This report will provide the judge with all of the information that they need to make a decision regarding the welfare of your children.
The evaluator may or may not offer detailed custody recommendations within the final report.
If they do not, the evaluator will instead focus on creating a clear description of the family’s current dynamic.
These reports obviously are quite intricate and take days to complete.
Ask your evaluator for a time estimate if you are curious about the progress.The final report is usually considered a confidential document due to the sensitive information that it contains.
You may be able to view the document directly or it might be restricted to the judges and attorneys only., When it first appears as if you will enter into a custody evaluation process, ask the judge, court program administrator, or your attorney about the specific fees involved.
Depending on the situation, you may be required to pay the fees on your own, split them with the other parent, or have them covered by a court-related program.
A variety of persons will collect fees during an evaluation.
The evaluator will often bill per hour with a higher rate for court appearances.
If a psychologist is used they will have their own hourly rate or flat fee as well.
You may need to provide a retainer (essentially a deposit) at the start of the process for these services.Family courts in some jurisdictions post estimates of fees online.
Use a search engine to look up your court to see if this is available., In many custody situations, at any point in the process the various parties can head back into a mediation scenario and pull out of the evaluation process.
It is a good idea to continue to consider various compromise options even as you are cooperating with the evaluator.
If you do reach an agreement, your evaluator might work with the attorneys to draft the documents to submit to the judge.Many parents keep this option open as a way to lessen the stress placed on their children during the interview and home visit stages of the evaluation process. , If you believe that your evaluator is behaving unprofessionally or has created a report that does not truly capture your family’s circumstances, you can often file a complaint with various authorities.
As evaluators are private contractors, you will generally need to approach the licensing agency connected with them.Don’t file a complaint without giving it considerable thought.
You will need to complete a great deal of additional paperwork and can further slowdown the legal system if you file false complaints.
Do not use a complaint as a way to retaliate for a report that goes against your case., Most people choose to get some sort of legal representation during the custody process.
If you can, it is a good idea to hire an attorney experienced in these matters.
You will want to communicate with them regularly throughout the process.
Ask them any questions that you have and expect for them to fight for your interests with the judge.
If you cannot afford an attorney, check with the courts for additional options.
You may be able to get legal representation at a substantial discount or even for free depending on your financial and personal situation. -
Step 3: Be clear on the type of evaluation being conducted.
-
Step 4: Know what to expect from the final report.
-
Step 5: Understand your financial responsibility beforehand.
-
Step 6: Recognize the possibility of an early agreement.
-
Step 7: Know that you can file complaints.
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Step 8: Stay in contact with your legal representation.
Detailed Guide
Talk to your lawyer or research online about what the evaluation process includes in your state.
Usually you will need to participate in a series of interviews, provide a variety of child-related documents, complete a questionnaire, and meet with a psychologist.Your children will be involved at various points in the process, often during the home interview/visit stage.
It is also important that both parents cooperate throughout the entire evaluation.
Not all partners meet with a psychologist during an evaluation.
However, if you do, you may be asked to complete a series of written tests as part of that process.
You may not like the evaluation process, but you need to respect your evaluator.
Ask them about their professional background.
You will find that most evaluators are independently licensed mental health professionals or counselors.
They will have experience working with the courts and will understand how to juggle the needs of all parties.Most evaluators also have a specialty in a child-related area.
This often connects to their decision to serve the court in this capacity.
Once you meet your evaluator you might say, “Can you tell me a little bit about yourself?” , Your evaluator may be looking for information regarding your potential for legal custody, physical custody, and/or visitation.
They may be considering whether or not the existing custody order needs to be modified and in what ways.
Talk with you lawyer and evaluator regarding exactly what custody options are available.When opening up this subject with your legal representation or the evaluator you might say, “What are the various custody scenarios that will be evaluated? What are the possible outcomes?” , At the end of the entire process your evaluator will create a substantial document that discusses all elements of their custody investigation.
This report will provide the judge with all of the information that they need to make a decision regarding the welfare of your children.
The evaluator may or may not offer detailed custody recommendations within the final report.
If they do not, the evaluator will instead focus on creating a clear description of the family’s current dynamic.
These reports obviously are quite intricate and take days to complete.
Ask your evaluator for a time estimate if you are curious about the progress.The final report is usually considered a confidential document due to the sensitive information that it contains.
You may be able to view the document directly or it might be restricted to the judges and attorneys only., When it first appears as if you will enter into a custody evaluation process, ask the judge, court program administrator, or your attorney about the specific fees involved.
Depending on the situation, you may be required to pay the fees on your own, split them with the other parent, or have them covered by a court-related program.
A variety of persons will collect fees during an evaluation.
The evaluator will often bill per hour with a higher rate for court appearances.
If a psychologist is used they will have their own hourly rate or flat fee as well.
You may need to provide a retainer (essentially a deposit) at the start of the process for these services.Family courts in some jurisdictions post estimates of fees online.
Use a search engine to look up your court to see if this is available., In many custody situations, at any point in the process the various parties can head back into a mediation scenario and pull out of the evaluation process.
It is a good idea to continue to consider various compromise options even as you are cooperating with the evaluator.
If you do reach an agreement, your evaluator might work with the attorneys to draft the documents to submit to the judge.Many parents keep this option open as a way to lessen the stress placed on their children during the interview and home visit stages of the evaluation process. , If you believe that your evaluator is behaving unprofessionally or has created a report that does not truly capture your family’s circumstances, you can often file a complaint with various authorities.
As evaluators are private contractors, you will generally need to approach the licensing agency connected with them.Don’t file a complaint without giving it considerable thought.
You will need to complete a great deal of additional paperwork and can further slowdown the legal system if you file false complaints.
Do not use a complaint as a way to retaliate for a report that goes against your case., Most people choose to get some sort of legal representation during the custody process.
If you can, it is a good idea to hire an attorney experienced in these matters.
You will want to communicate with them regularly throughout the process.
Ask them any questions that you have and expect for them to fight for your interests with the judge.
If you cannot afford an attorney, check with the courts for additional options.
You may be able to get legal representation at a substantial discount or even for free depending on your financial and personal situation.
About the Author
Claire Jordan
Brings years of experience writing about crafts and related subjects.
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