CUSTODY EVALUATIONS
One of the significant changes in the family court process over the 40 years of my legal practice is the demise of family court services in Minnesota. What once was a valuable tool for families who were unable to agree on parenting their children has fallen to budget cuts and shifting priorities.
Custody evaluations are now almost exclusively done outside the court system. The need for a thorough evaluation based upon the law but specific to each family continues but affordability rules out the option for many parties.
The process is long and time consuming but absolutely necessary in many cases. My goal is to offer an evaluation of custody and/or parenting time at a reasonable price with a reasonable turnaround time, given the complexities of family systems and dynamics and court schedules.
Custody evaluations are now almost exclusively done outside the court system. The need for a thorough evaluation based upon the law but specific to each family continues but affordability rules out the option for many parties.
The process is long and time consuming but absolutely necessary in many cases. My goal is to offer an evaluation of custody and/or parenting time at a reasonable price with a reasonable turnaround time, given the complexities of family systems and dynamics and court schedules.
What is a Custody Evaluation?
The need for a custody/parenting time evaluation occurs when parents are unable to agree on the best way to parent their children in the future. The court will order an evaluation after the parties choose an evaluator. As a custody evaluator, my duty is to thoroughly investigate the past and present facts regarding both the parents and the children and make recommendations based upon Minn Stat. 518.17, better known as the best interests standards. The revised best interests standards are child focused.
A copy of the best interest standards is included on my website under “Further thoughts”
A copy of the best interest standards is included on my website under “Further thoughts”
How is a Custody Evaluator Chosen?
The parties choose an evaluator who has experience either in family law as an attorney or who is experienced in working in family dynamics and family systems, such as psychologists and social workers. The attorneys then contact the proposed evaluator, agree on the terms of the engagement and send a proposed order to the court. Once signed, the process begins.
What Happens During the Custody Evaluation Process?
As a custody evaluator, I meet with each parent for a custody intake, gathering information from them and giving them an idea of what will transpire during the process. It is vitally important that both parties cooperate in providing information to the evaluator as requested.
It is not a confidential process and the parties understand that what is learned is shared in the recommendations. In addition to meeting with the parents on several occasions, contact will be made with collateral sources named by the parties as well as teachers and doctors and other professionals who have worked with either the parents or the children.
I will meet with the children if age appropriate, and will view their environment in the homes with each parent. It is important to know the children individually and not just as a collective group. Children may well have different needs that must be addressed.
After a thorough investigation and applying the best interests’ standards, I will meet with the parents to get final input and then I will write the report or meet with the parties and their attorneys for a verbal presentation. The purpose of two options is to tailor the evaluation to the needs and positions of the parties. If necessary, a report will be written.
At that point my work as an evaluator is done unless I am subpoenaed for court testimony. The report is a snapshot in time.
It is not a confidential process and the parties understand that what is learned is shared in the recommendations. In addition to meeting with the parents on several occasions, contact will be made with collateral sources named by the parties as well as teachers and doctors and other professionals who have worked with either the parents or the children.
I will meet with the children if age appropriate, and will view their environment in the homes with each parent. It is important to know the children individually and not just as a collective group. Children may well have different needs that must be addressed.
After a thorough investigation and applying the best interests’ standards, I will meet with the parents to get final input and then I will write the report or meet with the parties and their attorneys for a verbal presentation. The purpose of two options is to tailor the evaluation to the needs and positions of the parties. If necessary, a report will be written.
At that point my work as an evaluator is done unless I am subpoenaed for court testimony. The report is a snapshot in time.