PROCEDURES AND ISSUES IN CUSTODY AND VISITATION EVALUATIONS

The following is a summary of the issues considered and procedure for custody/visitation evaluations. Not all evaluators follow the same procedures.

Process of Evaluation:

1. All parties - including significant others and other members of both households are seen, usually on the same day to insure that there is continuity to the moods of all parties and so that information is not going back and forth during delays between meetings which could influence the parties or the children.

2. Both biological parents are generally seen together to assess their communication or lack of communication, hostility, to outline the issues which they believe are important, their hopes, concerns, and any events and facts they believe are relevant. The evaluator assesses the anxiety level between the parties and assures them that they will each be advised what is said about them and have some chance to respond. A great deal is learned from observing the behavior of the parties in the form of their body language, demeanor, anxiety level, ability to communicate, attitude, etc. The parent should ask the evaluator for a chance to respond to any issues that are raised regarding their conduct or suitability for custody/visitation.

3. Depending on their age the children will also be seen either individually or, in the case of very young children, with one or both parents.

4. The evaluator watches the response of the children to their parents, how the parents interact with the child and the comfort level of each or all of the children with each parent or in the presence of both parents and how their communication levels may differ individually in a one-on-one situation with the evaluator or with one of the parents or with both of the parents. Generally, young children in the age range of two to five years of age are seen but in a play situation such as with a family of dolls to show what it is like in one or both parent's household. Interviewing young children is often not helpful.

5. The evaluator is looking for patterns of care taking, the children's feeling of security or insecurity with either or both parents and is trying to assess any issues which are raised by the parents or the children. The children are not quizzed and are generally not questioned. It is usually an informal observation and discussion or play type therapy session. Children are almost never asked who they want to live with or visit. The children generally want contact with both parents even in "real bad" situations. The evaluator will often ask them to go through a typical day and ask them "What's going okay/What's not going okay/Are you worried about anything/Are you afraid of anything," etc.

6. It is usually obvious when children have been coached or told to make certain statements to the evaluator. Children tend to have a unique linguistic and speech pattern based upon their age. When children are repeating what they have been told by an adult it is usually probable that a skilled evaluator will determine that this is not their own speech pattern or statement. This is especially true when the parent then says the same thing in their individual session. DO NOT COACH YOUR CHILDREN.

7. Each adult is normally seen individually, including the parent, step-parent, live-in friends and possibly significant relatives.

8. The parents may be asked to execute releases for collateral sources such as therapists, physicians or psychiatrists, daycare providers, school officials, or other individuals which have seen them in a professional or care taking capacity. If there are records which the parent is concerned about releasing this should be discussed with their attorney before seeing the evaluator. The evaluator normally will ask the individual what they believe will be contained in any records which the evaluator is requesting and to disclose and discuss any issues which they think are important or which bear further explanation.

9. Psychological testing is used by psychologists in most cases and by therapists only if there is some specific allegation, fact pattern or reason to have psychological testing performed. If there is an allegation of drug or alcohol abuse a drug and alcohol assessment may be requested.

Qualifications of Evaluators:

An evaluator should have at least a Masters Degree in clinical social work in conjunction with extensive specialized training in divorce dynamics and child development. Ph.D.'s in psychology are also often used for custody evaluations.

Contact between attorney and evaluator. Usually the clients provide information to the evaluator but sometimes it is appropriate for counsel to advise the evaluator of:

What should clients do to prepare:

1. Clients should make sure they have thought through how their family operates, how they care for their children, have it clear in their mind what they believe the issues are, what their goals are, why they want what they want, and be prepared to discuss all of the foregoing with facts to further develop or substantiate these issues.

2. Clients should not provide the evaluator with a diary or calendar of events which are random in nature. If there is a pattern of abuse then the client should be prepared to outline specific incidents that have happened and which have reoccurred. For example, it is of no value that "X" missed a visit six months ago or "Y" yelled at the children a year and a half ago and has not done it since.

3. Clients should tell the children in very general terms that they are going to see somebody to help the parents determine the amount of time the children should spend with each parent. It is appropriate for a parent to tell the children that their parents, with the help of the lawyers and the Judge and the person that they are going to see, will decide what is best for the children relative to the time that they should spend with their mom and dad. Parents should not seek to influence the children, should not quiz the children about what they are going tosay or take any other action to prepare the children for the evaluation other than telling them in general terms what the procedure will be and in assuring them that they will not have to decide what they want to do but that their parents in conjunction with the attorneys, the Judge and the evaluator will decide what is best for them.

4. The evaluator understands that this is an issue of major importance for everyone involved. The parents should be prepared to discuss the issues with the evaluator and should have thought through all of the issues very carefully. The parents need to understand that the evaluator has done many evaluations and has been involved in counseling or therapy situations with adults and with children so they are very aware of the issues and they have heard most of the stories before. It is difficult to deceive them. Often issues which seem to be extremely important to the parents may not be as important to an evaluator.

5. Parents should educate themselves on parenting issues. Many good books are available in bookstores and libraries.

Issues which are being evaluated during a custody or visitation evaluation:

1. Child abuse and neglect - alleged child abuse and neglect must be reported by the evaluator to the welfare agency.

2. Family violence.

3. Alcohol and drug abuse.

Each of the foregoing has a certain pattern and certain red flags which the evaluator will be looking for. Certain facts or behavior may cause an evaluator to further investigate the potential for domestic violence or substance abuse.

4. Family dynamics: The evaluator is looking for the way the parties communicate, a history of how the parent was parented, prior marriages, and other family issues which may have existed in the family in which they were raised as a child or in prior marriages and how such issues have been dealt with.

5. Bonding, attachment and continuity of care issues: These issues have to do with the way the child, or children, interact with the parents, the attachment that they have to a particular parent or both parents, whether they are bonded appropriately or inappropriately to either parent, and which parent has provided them with continuing care in the form of feeding, clothing, transportation, medical care, etc.

6. The age, development and gender of a child: The evaluator is looking for age and gender issues which may indicate that a child would be more appropriately placed with a male or female parent. For example, if all things are equal, it may be better to place a one month old girl (or boy for that matter) with the mother, or a 17 year old boy with his father. These issues are not set in stone but will be considered by the evaluator.

7. The support that each parent has for open access by the other parent to the children and the extent to which each parent will cooperate and be flexible in allowing both parents to develop and maintain a stable and caring relationship with the children. This is important.

8. The stage at which each parent is in the divorce adjustment process. Going through a divorce has stages similar to the grieving process. Wether a parent is in denial or the anger stage versus the acceptance stage, or any other stage of the process, will affect their parenting abilities and parenting issues. Can the parent separate the emotional issues from the legal issues. For example, does the parent need to have custody because they want to "own the children" or will they be able to adequately provide for the emotional needs of the children to have open access to both parents regardless of how the legal issues may come out.

General issues to protect the children and prepare clients for evaluations:

1. How to protect the kids: