Key Takeaways:
- A parenting evaluation is a formal assessment of the parties’ parenting skills and the determination of which parent is best suited to be the child’s primary caregiver.
- An impartial third party examines the facts and advises the court.
- Although the court often places significant weight on parenting evaluations, the parties initiate them.
- Custody evaluations can be much more thorough and less costly than pure litigation.
Child custody cases often present challenges during and after a divorce, making it difficult for couples to reach an agreement. Ideally, parents would work together to create a parenting plan and residential schedule, but this doesn’t always happen.
For parents mired in contentious custody battles, going to court can be an unsettling proposition. The question of how courts decide custody arises frequently. At a basic level, the best interests of the child take precedence over other concerns. Above convenience, parental preference, and all the rest.
What Is A Parenting Evaluation?
A parenting evaluation is a formal assessment of the parties’ parenting skills and the determination of which parent is best suited to be the child’s primary caregiver.
Evaluations aren’t court cases, and so evaluators aren’t constrained by evidentiary rules. An impartial third party examines the facts and advises the court on what is in the children’s best interests.
- They review documents,
- interview witnesses,
- speak to the children,
- request assessments (drug, alcohol, psychiatric, etc.), and more.
Custody evaluations can be much more thorough and less costly than pure litigation. The courts view these appraisals and recommendations as objective reports. As a result, parenting evaluations often lead to settlements.
This often minimizes legal costs, attorney fees, and time associated with lengthy litigation.
Related Reading: Enforcement Proceedings: Protecting Your Custody Rights
Who Can Request a Custody Evaluation?
Although the court often places significant weight on these evaluations, the parties initiate them. Either or both parents may request this option.
In most cases, the attorneys agree on a private evaluator. But if they can’t, the courts have the discretion to appoint one.
Usually, the party who makes the request foots the bill and the court reserves the contribution to trial.
If you make the request, be prepared to pay the invoice when it is due. Parenting evaluations can be expensive, with costs ranging from thousands of dollars, depending on the circumstances.
They are, however, generally less expensive than a full trial.
Related Reading: How Legal Marijuana Impacts Child Custody
How Do Courts Determine Custody?
When determining child custody, courts consider several goals. Identified by the National Association of Social Workers, these are:
- Identify the developmental needs of the child(ren);
- Pinpoint the strengths, vulnerabilities, and needs of all other members of the family;
- Identify the positive and negative family interactions.
- Develop a plan for custody and access utilizing the strengths of each individual that will serve the best interests of the child(ren) and, within those parameters, the wishes and interests of the parents.
Related Reading: What Happens When the Court Appoints a Guardian Ad Litem
How is a Custody Evaluation Conducted in Oregon?
Interviews form a big part of the process. This includes speaking with both parents, the child, significant caregivers, and people who spend substantial time with the children. Anyone who knows the child well and can provide insight into the situation, such as teachers, daycare providers, and others.
Home visits to both parents’ residences also factor in, as do psychological assessments.
Records and documentation are also important. The more relevant documentation you can provide to support your case, the better off you will be.
It is important to note that relevance is paramount in documentation. Sheer volumes of irrelevant paperwork do nothing to further your case. In fact, it may cost you extra money in evaluation fees and damage your position.
Providing relevant and organized documentation shows you’re methodical and dedicated to providing credible information.
Educating yourself on your rights and your options as a parent is imperative. The outcome of your parenting evaluation may impact your relationship with your child for years to come.
Related Reading: What Is The UCCJA? A Look At How It Protects Children