What is a Custody Evaluation in Florida?
Child custody decisions are the most consequential in any divorce. How parents divide custody will have an enormous impact on each parent’s ongoing relationship with their children. Unfortunately, many parents cannot come to an agreement on custody, so it is up to a judge to decide a dispute. And this is where custody evaluations come in. A custody evaluation is performed by a licensed psychologist who will make recommendations regarding custody and timesharing to a judge after interviewing both parents. We are happy to discuss these evaluations in more depth in a consultation.
Are You Prepared for a Custody Evaluation?
Not every divorce or custody case requires a custody evaluation. Instead, these are necessary in contested cases. Don’t lose sight of that critical fact.
A custody evaluation follows a predictable sequence. First, the psychologist/evaluator will interview people, including:
- The parents
- The children, if an appropriate age
- Neighbors
- Anyone else the parents recommend
The focus of the interviews will be on each parent’s relationship with the child, as well as their character. Someone with substance abuse issues can be sure the evaluator will try to find out more from people in your life, including friends.
Furthermore, a custody evaluation can involve psychological testing. For example, one parent might make a credible accusation that the other has a mental health disorder. A custody evaluator can investigate that allegation.
Second, the psychologist/evaluator offers their perspective to the judge. They are supposed to be neutral and independent of either party. This independence is crucial to the judge, who can put great weight on the evaluator’s recommendations.
Although the evaluator is a psychologist, they do not provide treatment. That is not the focus of the evaluation. Nonetheless, the evaluator might conclude that a parent needs treatment for manic depression, bipolar disorder, or some other mental health condition. They can also explain to a judge how a mental health condition would impact custody.
Judges are focused on doing what is best for the child, and each parent’s mental and psychological health is in issue. If you are struggling with addiction, be sure to mention this fact to your attorney. It will play a role in the proceedings.
Parents can prepare for the evaluation by discussing any concerns with their attorney. Together, you can come up with a course of action to address any substance abuse issues, addictions, or mental health problems. We can also strategize who the evaluator should speak to, such as family friends or members of your church. Ideally, the people you recommend can all attest to the loving bond you have with your children.
The custody evaluation is critical in any child custody dispute. The psychologist/evaluator is one of the few independent, neutral voices speaking to the judge and one most judges trust. No one should walk into an evaluation blind. Instead, contact an experienced family law firm to talk about any concerns.
Discuss Any Custody Issue with Our Legal Team
The Miami child custody lawyers at Hamilton O’Neill have helped negotiate child custody agreements on behalf of many clients. We can also prepare for a contested case and a child custody evaluation. Call to speak in a private setting with our team.