Parents going through a divorce is something that burdens the mental state of the kids. One of the most important factors that need to be discussed before the parents sign the papers is how much parenting time each parent will give. Some couples can come to an agreement without going to court while others make it a lot more complicated. In any case, the help of a child custody lawyer is useful. In cases when parents can’t decide themselves, the courts step in and the judge orders a child custody evaluation.
In simple words, it studies and determines the mental capacity and the way the kids are treated by each parent. The analysis helps the judge decide who gets to spend more time with whom. So, if you are a parent going through a divorce as well, this is what you need to know about child custody evaluations.
What Is A Child Custody Evaluation?
Before we dive deeper into discussing how child custody evaluations work, it is important to become familiar with the concept itself. Child custody evaluation involves a professional, usually a psychologist with a particular set of experience and skills related to divorced households.
The court may provide the parents with one evaluator or offer each parent to give their input when it comes to the selection of the evaluator. Once the evaluator is selected and appointed, he/she will begin by conducting interviews with both parents about themselves, their personalities, children, and the household.
If the evaluator observes unusual behavior, he/she might suggest psychological evaluations to make sure their observation is supported with proof. At the same time, the evaluator notes everything down as the observations are collected and presented to the court.
Although most psychological evaluations are the same i.e. in the form of questionnaires, the parents may be asked to perform certain physical activities as well. Plus, the evaluator will also interview the children alone and with parents to see their reactions and behavior.
The scope of the evaluation is not limited. It is up to the evaluator to interview close friends, family members, and other related or close individuals as well. The most important part of child custody evaluation is that the evaluator might conduct or pay an unscheduled visit to see how the household is treating the children during normal days.
In the end, the evaluator will compile all the data and present it in the form or report to the attorney and the judge, suggesting what arrangements will suit the family. Keep in mind the child custody evaluations are costly. So, if you want to save money, solve matters before it comes to an evaluation.
Full Traditional Evaluation
A full traditional evaluation is the most common type of all. As the term suggests, it covers all the aspects of the evaluation and has the biggest scope when compared to the other types. Full traditional evaluation gives the evaluator an extended reach when it comes to interviewing people beyond family members and friends.
Plus, the country will utilize all its resources to get access or collect data that might remain hidden otherwise. As a result, the evaluation may last somewhere between a few weeks to months. In the end, the court will decide which parent will pay the evaluation charges or whether it should be handled by both.
Limited Evaluation
Depending on the situation or circumstances, a limited evaluation may be ordered, which takes relatively less amount of time and effort. The details of such minor or limited evaluation will be determined by the lawyers, judge, and evaluator.
This type of evaluation includes the evaluator conducting short interviews and making brief home visits. The psychological tests may include some simple tests as well. The evaluator and the judge might be reviewing the documents and data in detail.
If the evaluation is limited to a particular area, the evaluator will only focus on that while the rest of the details may or may not be considered. For instance, if a parent plans on moving to another state, how will it impact the child, or what decisions will promote the child’s best interest?
This may take a few hours to a few days if the parents are willing to comply and the evaluator can collect the data needed.
Multiple Evaluators
In some cases, multiple child custody evaluators may be required. For instance, one evaluator may be required to study a matter related to drug abuse while the other evaluator may be asked to make a general custody recommendation.
If one evaluator is not able to carry out the tests or properly collect the data, the court may order a trained individual to perform the evaluation. Furthermore, during the course of the assessment, the evaluator may also consult with other professionals such as therapists and physicians who may have worked with the parents or child in the past.
Parental Alienation Evaluation
Today, child custody evaluations look out for signs of behavior known as parental alienation. This occurs when one parent tries to distort the relationship of the child with the other parent based on false claims and lies. If parental alienation is observed by the evaluator, he/she may recommend medical therapy for them.
On the other hand, the evaluator may recommend that the parenting time of the alienated parent may gradually be increased or even granted sole custody. If the case involves child abuse, neglect, or other major conflict, the child may be provided with his or her legal representative.
What To Do If An Evaluation Is Ordered?
If you find out that the court has ordered a child custody evaluation, you should prepare yourself with your family lawyer Fairfax VA. Get all the documents ready and make sure you treat the child the right way. This does not mean that you give them a free hand but make sure they do not stress out too much.
Furthermore, it is always in your best interest to acknowledge your parental weakness if found logical. Do not speak ill of the other parent to your kid as it can go against you in the court as well. Plus, encourage your child to speak during the evaluation but do not coach them.
The evaluators may perceive it as if you have given regular coaching or specifically taught the child to react or respond in a certain manner when required. And, if required, arrange for a few letters of support from those who already know you.
Report Of The Evaluator
After the evaluation, the child custody evaluator will prepare a confidential report that will only be shared with the parents at least 10 days before the next proceedings. The report will include recommendations and other relevant data, especially regarding parental time and custody.
If the report has any objections or you would like to offer recommendations, your lawyer will do so in court. You may also use expert testimony to counter the findings of the report. And, if you are unhappy with the evaluator, you can file a complaint with the judge.
Conclusion
Child custody evaluations can be nerve-wracking and tough on the parents. But the best way is to follow the advice of your child custody attorney Fairfax VA and be truthful and transparent. Do not try to hide anything from the court and be open to criticism from the court. Correcting your weaknesses is a lot better than lying to the judge and getting ruled against. You need to show the judge you are serious about your child and their future.