Child Custody
Evaluations

Psychological testing may be required when information about each parent's emotional and mental status would be helpful to the Judge. A psychological evaluation is conducted by a qualified psychologist. The psychologist will want to talk with each parent and may administer several paper and pencil tests. You can ask the evaluator to tell you more about the kind of psychological evaluation that is being requested.

​​​

PARTICIPATION

A thorough evaluation requires that both parents be involved in the process. Be cautious of taking the children to your own separate evaluator, as courts may consider these evaluations to be incomplete. One-sided evaluations may be a duplication of time and money and may subject your children to added stress.

The custody evaluators will prepare a written report of the assessment. The report is intended to give the Judge a clear picture of the family and to provide information about how the children's needs can best be addressed. The evaluator's report may submit specific recommendations to the Judge. An evaluator should not make a recommendation unless both parents have been involved. 

The evaluation is property of the court because the court assigned the evaluator. However, the report is often shared with legal counsel and the parents can usually obtain a copy of the evaluation report from their attorney. In South Dakota jurisdictions, the report is considered a confidential document and can be ordered sealed by the court. If the case goes to trial, the Judge or the lawyers may ask the evaluator to be present to explain the report and its findings. 

Cooperate with the evaluator. The evaluator is there to help your family and to help the     Judge figure out what will be in the best interests of the children. 

• Separate your relational problems from your parenting concerns. You may still have a lot of hurt and angry feelings towards the other parent, but marital issues may not be relevant to child custody issues. 

• Do not look at the custody evaluation process as a win-or-lose situation. This is a good time to try to put the past behind you and focus on the future. 

• Plan to be open and honest with the evaluator 

• The evaluator can be an information resource. You can ask about reading material, parent education classes, counseling and other help. 

• Consult with your attorney as needed throughout the evaluation process. 

• Keep your appointments. 

• Organize school and health records, and other information that the evaluator asks to review and post on the evaluator’s chosen platform to save and share this information.  

• Take notes of the questions you want to ask ​

Custody evaluators regularly interview and observe children. It is best if this is done in a     comfortable and non-threatening environment. The evaluator understands that children     may be experiencing a range of feelings about the divorce. Depending upon the ages of the     children, the evaluator may have the children participate in structured play draw pictures     or tell stories in order to express their feelings 

Parents often want to know, "Will the evaluator ask my children where they want to live?”     Children's thoughts, feelings and experiences are important. However, the evaluator will not ask children to choose between parents. This would not be fair to the children and only keeps them in the middle of your dispute. 

The evaluator may request your written consent to obtain school and health records, social service and police information. and any other documents that contribute to a complete understanding of the family. The evaluator may wish to talk with some of these people in order to understand how others see the issues. The evaluator may also ask both parents to complete a detailed questionnaire asking about you and your relationship with your children and the other parent. 

Custody evaluators in private practice are usually licensed psychologists or mental health professionals with other credentials. Custody evaluators in court-connected programs are usually counselors or mental health professionals. In addition to their mental health training, custody evaluators should be familiar with the laws in your jurisdiction, have expertise in the divorce process and its effects on families, and have an understanding of child development issues and the needs of children You should be comfortable with the evaluator and feel free to ask questions about their qualifications, training and experience. 

The evaluation process can often help parents agree on parenting arrangements. Inform the evaluator immediately if you and the other parent reach an agreement. The evaluator can assist in preparing an agreement for review by your attorneys that may be submitted to the court if a settlement is reached.  

Private evaluators usually charge by the hour. The fee for an evaluation is usually several     thousands of dollars. Additional fees may be charged if the evaluator appears in court. The     full fee or a substantial retainer may be required before the evaluation begins. 

The fee for an evaluation may be divided between the parents, or one party may be required to pay the complete fee. Ask your attorney or the Judge about your responsibility to pay for the evaluation.