During a divorce or a custody dispute, a professional child custody evaluator acts as a neutral expert witness for the court. The evaluator examines the family and makes custody recommendations in a report. This report guides the court in its decision on child custody. There're many different techniques that an evaluator will use to gather information to determine what's in the best interests of the child, which is the legal standard used by courts in deciding custody matters.

Methods of Evaluation

A professional custody evaluator will use a variety of methods to collect information. No single method is enough by itself to determine a child's best interests. An evaluator uses a balanced approach to increase fairness. Some of the methods an evaluator might use include:

  • Structured interviews and questionnaires
  • Observation of the interaction between the parent and the child
  • Psychological testing
  • Collateral sources of information

Interviews of the parents and the child are usually conducted separately, although the parents may be interviewed together if they consent. The questions are generally the same for all of them. However, an evaluator may change the interview to suit a unique situation.

An evaluator will directly observe the parent-child interaction. Direct observation is one of the most useful methods for gathering information. The best observation procedure includes these features:

  • Child isn't seen with a parent until there's been adequate time away from the other parent
  • Sessions are balanced between parent-child pairs
  • Behaviors are recorded in the office and the home
  • Tasks are created to bring forth a variety of parenting skills
  • Parenting skills are derived from research and not intuition
  • Same type of tasks for each parent

Psychological testing may be used to gather information for the report. The testing attempts to measure:

  • The similarity between the abilities of the parent and the specific needs of the child
  • Mental health problems and remedies
  • Special needs of the child

The evaluator will also consider collateral sources of information, such as written reports from teachers, doctors and social service workers. These reports help the evaluator determine whether the information from the interviews is accurate and truthful.

Safeguards to Evaluation Methods

In attempting to determine what's in the best interests of the child, the evaluator must make sure that the methods used to gather information are reliable and valid. The evaluation must have some structure and procedural safeguards. Both parents should be put through as identical an evaluation as possible. The evaluator needs to use a variety of methods to verify the information used for the report.

Written Report

The report should be written with clear and precise language. Some examples of what may be listed in an evaluator's report include:

  • Identifying data - names, ages and relationships of all the parties
  • Referral questions - questions that were addressed and the reason for the evaluation
  • Information sources - all interviews, direct observations and tests
  • Current findings of the evaluation - relevant factors and information for each person as to custody determination
  • Conclusions - organized information that responds to the referral questions

Questions for Your Attorney

  • How should I parent my child during the evaluator's direct observation session?
  • How should I prepare and what should I bring for a child custody evaluation interview?
  • Can I challenge the evaluator's report if I don't agree with the recommended custody arrangement?