Child Custody Evaluation

What Is A Child Custody Evaluation?

Sometimes known as a “730 Evaluation”, a Child Custody Evaluation is a comprehensive and complex forensic evaluation/investigation of a family for the purpose of providing the Court with a set of recommendations regarding custody/child sharing arrangements for children. The evaluation is conducted by a highly and specially trained mental health professional, usually a licensed psychologist, who meets the qualifications of California Rules of Court 5.220 and 5.225 and who maintain ongoing education in the specialized area of child custody disputes.

The evaluation aims to understand family dynamics, the strengths and weaknesses in each parent’s home and the needs of the child(ren). The evaluator uses this information to develop a child sharing plan as well as other recommendations that are thought to foster the best interests and psychological development of the child(ren).

“Do All Separated And Divorced Families Participate In
A Child Custody Evaluation?”

No. Fortunately, most parents are able to agree on a child sharing plan for their child(ren). This is always the best option. Other parents are unable to reach an agreement on their own but ultimately do arrive at an agreement with the assistance of mediators, attorneys, therapists and other professionals. When parents are able to agree without the intervention of the Court, these agreements are known as “stipulated agreements.” However, when separated/divorced parents are unable to reach a decision on their own or with the assistance of other professionals and when the Court feels that a comprehensive study may assit it in making custody and child/sharing orders, an evaluation is ordered. Typically, such evaluations are undertaken in situations when parents have a very high degree of conflict about the custodial issues. Another common reason that Child Custody Evaluations are ordered is when one parent wishes to relocate from the area and, in so doing, relocate the child(ren) along with them. Often, but not always, there are concerns and/or allegations of abuse, neglect or other problems in one or both parent’s homes. Sometimes, there are concerns about one or both parents involving the children in the adult disputes or concerns that one or both parents are attempting to weaken and even break the child’s attachment to the other parent. Child Custody Evaluations are complex, extensive and may take a number of months to complete.

“Who Conducts Child Custody Evaluations?”

These evaluations are carried out by licensed mental health professionals, usually licensed psychologists, with specific and ongoing training in the areas of child development, family psychology, divorce, high-conflict resolution and family law.

“What Is Involved In Child Custody Evaluations?”

Believe it or not, there is no specific protocol developed and used for these evaluations. Different evaluators approach their work using different tools and procedures. However, a typical Child Custody Evaluation will involve comprehensive clinical interviews with each parent and each child (assuming the child is old enough to meaningfully participate in a verbal or play-based interview). The evaluator will typically make observations of each parent interacting with the child(ren) and do home visits if indicated. If either parent has remarried or has a significant other in their life, this individual, too, is interviewed. Psychological testing is a fairly standard component of these evaluations and may include tests that are self-administered as well as tests that are administered by the evaluator face-to-face. The evaluator will typically review declarations, pleading and other written material submitted by each parent as well as reports from professionals of previous mediation and/or attempts at resolving the problems. Also, evaluators will often conduct “collateral” interviews with individuals such as the teachers of children, neighbors, co-workers, therapists, grandparents and so forth. After gathering all of the information, the evaluator writes a comprehensive report.

“Do Evaluators Take Sides?”

No. The Child Custody Evaluator is a neutral third party. The person is, essentially, the Court’s expert and provides information to the Court. The evaluator’s job is the stand for and advocate for what the data suggest is in the best interest of the child(ren).

“Are Child Custody Evaluations Confidential?"

Usually, these evaluations are “non-confidential”. The report is written and filed with the Court, given to attorneys and so forth. Also, information gained from one parent may be divulged to the other parent in the course of the evaluation if, in the opinion of the evaluator, this furthers objective data gathering and fact finding and otherwise helps to clarify the issues. While a professional evaluator does everything possible to protect the privacy and dignity of the parties, the evaluator is unable to guarantee the security of the report once the report is issued and delivered to the appropriate individuals and to the Court.

“Who Pays For This?”

Parents often assume that since the Court may order such evaluations that the Court pays for the assessment. This may be the case in some jurisdictions but most often, the cost is borne by the parents. Costs vary with some providers charging a “flat rate” while others charge on an hourly basis.

“Can Any Licensed Mental Health Professional Conduct A Child Custody Evaluation?”

No. These evaluations are regarded by many as being the single most complex type of psychological assessment that exists. In California, the law spells out specific areas of training and competence that the Child Custody Evaluator must have as well as specifying specific ongoing training requirements for such evaluators. In other states, any licensed mental health professional is allowed to conduct these evaluations. The Code of Ethics of the American Psychological Association also specifies certain ethical requirements for psychologists who conduct Child Custody Evaluations.

How Do I Find A Qualified Evaluator?

Attorneys who specialize in family law and custody litigation know the local professionals who provide child custody evaluations. Family Court judges and mediators also know the qualified professionals in their locality. Since not any licensed mental health professional is qualified and experienced in this complex area of practice, it is important to make sure that the professional you work with is both competent and well-respected in the community. I suggest that parents, judges and attorneys consider only using evaluators who are active members of the Association of Family and Conciliation Courts (www.afccnet.org). Such evaluators tend to be more highly trained and dedicated to excellence. Moreover, members of the AFCC are required to practice within standards set forth by the AFCC such as the Model Standards For Child Custody Evaluations (http://www.afccnet.org/pdfs/Model_Stds_Child_Custody_ Eval_Sept_2006.pdf)