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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Custody Evaluations
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If the parties disagree on matters affecting child custody, the family court judge deciding your case may order a custody evaluation. A custody evaluation, usually conducted by a mental health professional like a psychologist, evaluates the parties and the children. From the evaluation, the evaluator makes a custody and visitation recommendation to the court. Judges rely heavily on the evaluator’s recommendations.
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A custody evaluation ultimately makes a custody determination based upon the best interests of the child. In order to make this determination, the evaluator usually undertakes:
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- Two or three interviews with each parent;
- Two or three interviews with each child;
- An observation of the parental interaction with each child in the office and potentially at home;
- Psychological testing as necessary;
- A review of relevant court documents; and
- Interviews with third parties, i.e. teachers, pediatricians, day care providers, etc., as necessary.
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Although they are court ordered, the divorcing couple are usually responsible for paying for the evaluation. The court may assign an evaluator, or may order the couple to choose for ma list of evaluators. Ideally, the evaluator should be a neutral party who does not have a pre-existing relationship with either party.
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Custody evaluators are people too…. they understand how stressful the evaluation process can be. Preparing for your evaluation with an attorney at The Law Offices of Thomas & Associates can also alleviate some stress and prepare you for the process. In preparing you for your evaluation, we will reiterate the following:
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- Presentation counts, so dress neatly.
- Be on time. Arrive promptly for your evaluation, do not keep the evaluator waiting.
- Don’t be defensive. Listen to everything the evaluator has to say. Answer all questions, objectively and honestly. However, remember that everything you say has the potential to appear in a report that will be available to your ex and put before the judge. Nothing is confidential between you and the evaluator.
- Organization is key. It is easier to communicate your concerns if you have listed them before the meeting. Ensure that any documents that you may need are orderly and accessible, so you may provide them to the evaluator.
- Communication is key. Communicate your knowledge of your children. Openly discuss your relationship with your children and its importance in your life.
- Listen. Listen and hear everything that the evaluator has to say. Answer each question directly. Keep your answers concise and brief. Do not answer any question that you do not understand, because if you provide an answer, it will be assumed that you understood the question.
- Nobody likes a negative Nelly. Avoid bad mouthing or making negative comments about the other parent. Try to be objective, limiting all conversation about your ex to facts.
- Knowledge is power. Inform your children about what is going on. However, in helping them understand the evaluation process, do not them on what to say to the evaluator.
- Remain calm. At all times respond promptly and calmly to evaluator requests, including requests for additional testing, documentation, and/or payment.
- Leave it alone! Do not make repeated calls to the evaluator checking on the status of the report.
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In making the evaluation, the evaluator will issue a report. Generally custody evaluation reports contain:
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- Recommendations regarding custody and visitation;
- A parenting plan, including a recommended schedule;
- Recommendation on processes for resolving future conflict or special issues lie abuse, violence, or parental alienation; and
- Suggestions for therapy, parenting classes, and/or reevaluation as needed.
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Each recommendation is based on the following:
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- The quality of each parent's relationship to each child;
- The relationship between the parents;
- Each parent’s ability or willingness to support their children's ongoing relationships with the other parent;
- Each parent\’s parenting skills;
- Each parent's psychological health;
- The potential drug or alcohol abuse of either parent;
- The children's psychological health; and/or
- Any evidence of abuse or violence.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to ensure that you have adequately addressed all appropriate custody issues and to arrange for a confidential complimentary family law consultation.
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Q: What is the legal custody?
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A: Legal custody refers to the authority to make decisions regarding the child’s education, healthcare and religion.
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Q: What is physical custody?
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A: A: Physical custody refers to where the child lives and which parent is responsible for the child’s daily care.
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[More]
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 ABA Custody Criteria Report
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The American Bar Association offers this table with current custody criteria for all 50 states.
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US State Department: International Child Abduction
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This Web page is a US Department of State guide for people whose children have been parentally abducted and taken across an international border.
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[More]
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