Child Custody
Evaluations

When parents divorce, establishing a parenting plan is critical for future planning and parenting of the children involved. Many parents use mediation or get assistance from their attorney in working out parenting plans for the children. The custody and parenting agreement is then submitted to the court for approval.

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FAQ & Info

Child Custody Evaluations Continued...

When parents are unable to resolve disputes about child custody a trial will be held, and the Judge will decide the issues. Prior to the trial the Judge may require the family to participate in a child custody evaluation. A custody evaluation provides information about the family to help the parents and the Judge reach a decision that will be in the best interests of the children. Custody evaluations may also be used in post-decree cases, when parenting disputes arise after the divorce has been granted.

What does "In the Best Interests of the child" mean?

Most courts require that child custody decisions use the "best interests'' standard. Defining this term is a complex matter and definitions vary. However, “best interests” generally takes into consideration that:

Your children have the right to love both parents and to have access to each parent without interference.

Children need to be safe, secure and protected from physical, emotional and sexual abuse.

All children benefit from an absence of conflict between their parents. Children do better if parents cooperate and work together.

Children of different ages have different needs. Two-year-old children do not need the same parenting arrangements as 12-year-old children. The custody evaluator will consider your children's specific needs as well as their adjustment to home, school and their social environment.

Children need continuity. Parenting schedules should be followed so that children can depend on and look forward to time with each parent.

Children do best when parents support a relationship with the other parent. Don't ask your children to choose between you and the other parent.

FAQs about the Child Custody Evaluation Process

FAQ Custody Eval

TESTING & EVALUATION

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.

WHAT HAPPENS TO THE INFO?

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.

HOW CAN I PREPARE?

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

WILL CHILDREN BE INTERVIEWED?

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.

INFORMATION GATHERING

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.

WHO IS THE EVALUATOR

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.

WHAT IF AN AGGREEMENT IS MET?

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.

WHAT IS THE COST?

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.