Choosing a Custody Evaluator

Let's start with this: Not all custody evaluators are created equal because there is huge variablity in the training and experience that custody evaluators possess. Unfortunately, having a custody evaluator recommended by the court does not guarantee that he or she has the necessary experience to conduct a thorough and comprehensive custody evaluation in your case. In some instances, being on a family court list may mean little more than having the minimum credentials - and that too varies from jurisdiction to jurisdiction. Sometimes a referral from the court means nothing more than getting a custody evaluator who is  just "on a list".

Is It True You Get What You Pay For?

Most often yes, but not always. Generally speaking, a custody evaluation conducted by a professional with a doctoral degree (i.e., psychologist or psychiatrist) will be more costly than a custody evaluation conducted by a counselor or social worker.  Custody evaluations conducted by doctoral level professionals usually involve psychological testing and clinical interviews. Custody evaluations conducted by professionals with undergrad degrees are better described as social studies and as such, are less comprehensive. Custody evaluations conducted by doctoral level professionals can typically cost $6,000-$10,000 plus while custody evaluations conducted by professionals with an undergrad degree cost on average $3,000.

Now here's another glitch.  Just because you have decided to opt for a custody evaluation conducted by a professional with doctoral degree, this does not guarantee that this person has the experience or training to conduct a custody evaluation. All too often, custody evaluators develop a reputation within family court circles of doing custody evaluations and then later it is found out that they lack a background in child development and family dynamics and have little or no formal training in how to conduct a custody evaluation. Having a custody evaluator who has done a ton of custody evaluations without proper training suggests that he or she has done a ton of them wrong!

How Do I Find a Competent and Experienced Custody Evaluator?

Be prepared to do some research by having your divorce attorney or your trial consultant contact the custody evaluator. A good place to start is with the custody evaluators your divorce attorney has previously worked with. Remember as well, that both parents need to be in agreement on the custody evaluator. This being the case, it is important to research all custody evaluators being proposed. The following are some of the things you and your divorce attorney should do in advance:

• Carefully review the custody evaluator's curriculum vitae (CV)
• Find out how many custody evaluations the custody evaluator has conducted
• Find out if and/or how many times the custody evaluator has testified at a custody trial
• Find out if the custody evaluator favors joint custody or writes recommendations that are favorable toward mothers or fathers or both parents.
• If parental alienation or other special circumstances are an issue in your custody case (i.e., addictions, domestic violence, religion, relocation), find out if the custody evaluator has had experience in these areas as well as his or her leanings.

Planning for a custody evaluation is very important and not something that should be left to chance. For more information on custody evaluations, read my blog post, "Getting an Edge on a Custody Evaluation With Referral Questions" .

All parents are offered a brief no-obligation consultation to discuss their concerns.

Comments

[David M Eaker]

Consideration also needs to be made for logistic issues, which are often the most critical factors. How long will the study take? Perhaps the best person is available but can't get a report out for 9 months or more. Often times the situation can't bear that delay. Sometimes it's a tactical advantage to have someone slow do the study so as to allow faborable temporary orders to settle in as the new status quo.

It is also helpful to build a good (not fake) personal repport with the evaluator. In choosing evaluators I always consider my clients personality and seek to match an evaluator that I believe will mesh well. This includes gender, socio economic issues, what I know about family of origin for each, and religious issues where that is a factor.

[Reena Sommer, Ph.D.]

All of your points are excellent ones. It's often a juggling act weighing all the variables. My experience as a former custody evaluator and now as a trial consultant involved in reviewing & short listing custody evaluators and then reviewing their reports when things go bad, suggests that there are some very unqualified people out there doing custody evaluations simply because they were certified by the county and put on a list.

The key is the weed out the unqualified ones by carefully reviewing their CVs in advance and as you note, matching the case/client to the evaluator. I've found that when the extra time is spent on the front end, the likelihood of receiving a thorough, balanced and well thought evaluation report is probable.