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What Is A Child Custody Evaluation?
A child custody evaluation is a report written by a neutral professional about you, the other parent and your children. The report summarizes each parent's ideas about what would be best for the children and looks at information from teachers, doctors and other people who have had contact with your children. A recommendation is made in the report as to what custody and visitation plan would be best for your children. The judicial officer and the attorneys for each parent receive this report.
The goal of a child custody evaluation is to provide the Court and the parties with objective information and recommendations about a family to assist the Court in issuing orders in highly contested custody disputes. In formulating a recommendation, the evaluator analyzes the family dynamics as they affect the children, and searches for a solution that serves the best interests of the children.
The information contained in an evaluation may be used by the Court to issue custody orders or by the parties to reach an agreement. Since the evaluation is written by someone who is neutral and is knowledgeable about how divorce affects children, a custody evaluation a very important alternative dispute resolution tool.
Evaluations may be conducted by Family Court Services staff or by a private mental health practitioner. The following information refers to evaluations made by the Family Court Services staff. (See additional information at the end of this section.)
There are two types of evaluations conducted by the Family Court Services staff: Full Evaluations and Fast Track Evaluations. The following refers to Full Evaluations. (See What Is A Fast Track Evaluation?)
When Might You Need A Child Custody Evaluation?
Child custody evaluations are useful when issues are not settled in mediation and the parents have serious concerns about each other's ability to parent the child(ren) involved. An evaluation may be useful in cases where any of the following issues are present:
- Concerns have been raised that either (or both) parent behaves in such a manner so as to physically or emotionally harm the child(ren),
- The social environment of either (or both) parent appears to be harmful to the welfare of the child(ren),
- The child(ren) has an adjustment or behavior problem which requires special consideration,
- One parent wishes to relocate with the child and the move will impair continuing contact between the child and the other parent.
Is There A Cost?
Unless the Court orders the cost of the evaluation waived or deferred, a deposit (of approximately $1000) is required before the evaluation commences. The actual total cost of the evaluation is computed based on an hourly charge for services and is detailed in the bill which is sent when the evaluation is completed.
How Long Does The Evaluation Take?
Normally, a full evaluation takes about three months to complete. However, when work loads are high, there may be a delay on starting the evaluation.
How Can You Get An Evaluation?
Evaluations performed by the Child Custody Evaluations Office are performed pursuant to Family Code § 3111.5, and can only be done when so ordered. Generally, the order takes the form of a Stipulation and Order for Appointment and Payment of Court Evaluator. (This form is available through the Child Custody Evaluations Office or the Family Law Courtrooms.) All orders are sent by the courtroom clerk to the central office (111 N. Hill St., Rm. 228) for processing.
At the time the order is issued, the clerk should provide you with two forms: an Information Form and a Parent Questionnaire. The Information Form must be filled out and left with the clerk before the parents leave the courtroom. The Parent Questionnaire must be carefully and completely filled out and mailed to the Child Custody Evaluations Office within 10 days. Upon receipt of an order and any required payment, an evaluator is assigned to the case. The evaluator may be located in the Central Courthouse or in one of the district courts. The attorney/pro per is notified of this assignment and, from that point, all information about the case should be sent directly to the assigned evaluator. Assignments are based primarily on: (1) availability of the evaluator to complete the report by the scheduled Court date and, (2)location of the parties. Unilateral requests for a specific evaluator will not be honored. However, each party is allowed to exercise one "peremptory challenge" to an evaluator within 3 days after the assignment letter is received. A "peremptory challenge" means that each party can say they reject a particular evaluator without saying why.
Who Does The Evaluation?
Every evaluator appointed through the Child Custody Evaluations Office is an employee of the Superior Court. Evaluators hired by the Court have a minimum of a Master's Degree in Behavioral Science and five years of post-masters experience working with families and children. In reality, most of the evaluators exceed the minimum requirements and must hold clinical licenses. All employees receive ongoing professional training and participate in various local, state and national committees and organizations relevant to the field of child custody evaluations. The office employs both full and part time evaluators.
What Happens During An Evaluation?
Although sometimes altered to fit the needs of a particular situation, evaluations generally follow a definite pattern in terms of the steps taken to obtain information:
- Interviews with the parents may be held jointly except in domestic violence cases or where it is otherwise inappropriate.
- Observation of the children with each of the parents in each parent's home and interviews with all other members of the household.
- Individual age-appropriate interviews with each child at issue, usually take place in the home of each parent.
- All pertinent collateral information
- Interviews (usually telephonic) are done with other significant people. Evaluators exercise discretion in selecting those persons most likely to contribute information central to determining the best interests of the child(ren).
Every effort is made to apply comparable procedures with both parties. If a parent resides in a neighboring county, the evaluator may ask that parent to come to Los Angeles County for the office interview and may either make the home call or ask an appropriate agency in the other county to go to the home. If the party resides at a greater distance and is unable to be interviewed in Los Angeles, the evaluator will rely on a local agency where available. (In those rare cases in which the evaluator is ordered to go to another jurisdiction for purposes of evaluating a parent in his/her own environment, orders must include an order for prepayment of travel expenses.)
What Does A Child Custody Evaluation Report Look Like?
The report describes the procedures used and all sources of information central to reaching the decision. The report contains a summary of the information collected, the evaluator's assessment of the family dynamics and the needs of the children, and a recommended custody and visitation plan.
The original report is sent to the Court and each attorney/pro per receives a copy. The reports are identical in all respects except where criminal records have been obtained on the persons related to the case. Criminal reports are attached to the Court's copy only. The attorneys' copies are marked with a request not to generate further copies. We ask that information contained in the report be discussed with the client in a way that the children's well-being is protected at all times, and the children do not suffer any repercussions as a result of their statements.
Can The Evaluator Be Subpoenaed?
Any subpoena requiring the appearance of an evaluator at a hearing or deposition must be hand delivered to the central Child Custody Evaluations Office at least 10 days prior to the appearance date. A $464 deposit is required per subpoena to cover one day of expert witness fees. Depositions require a deposit of $1393 to cover three days of expert witness fees. Deposits must be received 10 days in advance of the appearance date. Additional time will be billed or refunds issued, as appropriate.
Can We Write Our Own Agreement After The Evaluation Is Done?
Yes, you are always encouraged to write your own agreement. After the evaluation is completed, you can make another appointment with the Conciliation Court or with your attorneys. Additionally, if, at the end of the evaluation process, the evaluator feels the family could benefit from another opportunity to settle the dispute, the evaluator invites the parents to a Post Evaluation Settlement Conference and their attorneys are notified of the scheduled meeting. During this meeting, the evaluator shares with the parents the recommendations that would be made to the Court, if a report was written, and which areas in the recommendation are subject to negotiation. If the parents reach an agreement and after 10 days neither party objects to the agreement, the agreement is forwarded to the Court for judicial signature and filing with the Court. In these cases, a detailed evaluation report is not filed with the Court.
How Can Attorneys Assist In The Process? (If You Are Representing Yourself, You Should Read This)
- Providing information to the evaluator: The evaluator must have accurate and complete information in order to contact your client and any other person(s) from whom the parent wants the evaluator to receive information. Make sure your client fills out all necessary paperwork promptly and thoroughly and provides releases to obtain requested information. Any direct communication from either attorney with the assigned evaluator about the specifics of the case should be done in writing with a copy to opposing counsel.
- Keeping appointments: Make sure your client knows when his/her appointments are scheduled and makes every effort to keep those appointments. If an emergency arises necessitating rescheduling an appointment, be sure the evaluator is notified as soon as possible.
- Efforts are made to set the evaluator's home visit within the existing court ordered visitation schedule. However, in many situations, the home call appointment will differ from visitation times set out by the Court and the attorneys' cooperation may be needed to ensure the child(ren) are present in each parent's home for the evaluator's visit.
- Explaining the cost: Be sure your client understands the payment obligation set forth in the Stipulation and Order for Appointment and Payment of Court Evaluator and fulfills this obligation promptly. Any factors regarding inability to pay should be raised at the time the evaluation is ordered, so orders accommodating your client's financial situation can be issued.
- Clarifying allegations: Encourage your client to provide the evaluator with his/her concerns regarding the parenting of the children, and sources of collateral information, as early in the process as possible (desirably on the Parent Questionnaire). The evaluator will investigate the allegations raised by both parents, including fulfilling legal mandates regarding reporting child abuse. However, the investigation of a specific allegation does not necessarily mean the evaluator is convinced of the truth or merit of the allegation.
- Notifying the evaluator of any change: The evaluator must be informed at the earliest possible date of all changes relating to the case including: substitution of attorney, change in Court date, settlement of the dispute, and address changes.
- Encouraging full participation in evaluator's home visits: Encourage your client to have all members of his/her household present for the home visit, including step children and other children not at issue. The purpose of the home visit is to observe the children with the people that live in that home and to interview the significant people in the child's life. Absent parties lead to a less comprehensive picture of the family.
Are There Professional Standards Evaluators Must Follow?
Yes, the state has standards that evaluators must follow. The standards are contained in California Rules of Court 1257.3. Adherence To Standards And Requests For Change Of Family Court Services Mediator/Evaluator
Additional Information
The information on this web page refers to the "full evaluation" conducted by the Custody Evaluations Division of the Superior Court's Family Court Services Department pursuant to
Family Code §§ 3110-3117. The Custody Evaluations Division also conducts "Fast Track Evaluations" that are quicker and less costly but are also less thorough and do not involve home visits. (See What Is A Fast Track Evaluation?) that describes this evaluation type.
The court is also empowered to appoint an independent mental health professional not associated with the court. In most instances, this is a clinical psychologist in private practice. This individual becomes the expert witness under
Evidence Code § 730 to conduct an evaluation of the parties and the child(ren) and to make recommendations for an appropriate parenting plan. This web page does not include a description of such an evaluation, although an expert appointed under Evidence Code § 730 is also subject to the uniform standards of practice for court-ordered child custody evaluations including the requirement that s/he receive and maintain updated training pursuant to the statewide domestic violence training standards for court-appointed child custody investigators and evaluators (Cal.Rules of Court, rule 1257.7).
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