Child Custody Evaluations

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A Message from Dr. Heafey

After countless hours of training by the most respected and, in my opinion, a clinician embodying the decades of experience, professional integrity, ethical interventions and innate intuition: Dr. Michael Kerner. Becoming a custody evaluator is by no means an easy process. It is grueling, as it should be! When court ordered, a custody evaluator is tasked with making a recommendation forever impacting the lives of minor(s), their family and friends. There is little room for speculation. A clinician should adopt the most objective position, give each parent the exact same opportunities, and in-person/telehealth time with the evaluator. There is no room for bias.The only considerations an evaluator should have on their mind – at all times – is the best interests of the child, followed by the directives set forth by the court. This statement should be reversed, since court orders usurp all, but for this clinician, for me, the best interests of the child will always come first. 

 

Something I have come to realize is court order evaluators have a disproportionate amount of ‘power’ by nature of their role alone. We have a court mandate to carry out our duties, and – in my opinion – this is sometimes abused. Each and every family court ordered to undergo an evaluation has the right to respect, transparency regarding the evaluation process, but most importantly, the right to expect their expert will deliver their findings in a timely manner. This is very important, families deserve to have the most monumental course of events in their child’s developmental life according to a strict timetable. There is zero room for procrastination. If a member of the family delays my ability to establish necessary appointments, follow through on my duties – essentially do my job – I will alert the court. I have little tolerance for individuals who do not consider appointments related to the custody of a minor to usurp business appointments, swim practice or brief school absences. A death in the family, a wedding… I review on a case by case basis. 

 

 

I have a role. I work for the court. I am ordered by the court to deliver my clinical opinion on custody. I do not work for the parents, one parent, the other. If the court deems one parent pays for the entire evaluation, 30%, 70%, it means nothing to me, because these are not within the scope of my practice. As I keep repeating, my focus is the best interests of the child. Make no mistake, the work is not easy. It is methodically challenging – and it should be. Families deserve this level of commitment and professionalism. Previously, I mentioned court ordered providers may, at times, feel overconfident when they have the power granted by a court order. In any setting, if I felt better, innately more powerful, it would impact my objectivity. Any family I work with should know I make no judgments. People make mistakes, people say and do things they wish they never have. I make significant efforts to consider all information contextually. Put simply, the report, the recommendations, I provide the court, are for the best interests of the child – per the date stamped on the report. After that date, it is not uncommon for people, events, and circumstances to change. My recommendations, when permitted, include future considerations in which families are not separated, not estranged. 

 

Below I have included some fundamental information of custody evaluations. I encourage you to review them so you have a better understanding of the process and details. Regardless, if appointed, I will go over each and every point with you until you feel comfortable to proceed. 

 

Your Child First

Child Custody Evaluations

A Child Custody Evaluation is a structured assessment of your minor’s welfare, general health, and functioning. A court will order a custody evaluation to determine what setting would serve the best interest of the child in the future. It is a structured evaluation to ensure a child has the opportunities they deserve in a safe environment. There are situations in which a child is better suited to spend more time with one parent compared to the other. When the child’s best interests call for it, the final report outlining the details and findings from the evaluation may recommend that one parent have full custody over the child.

All custody evaluations occur when a judge orders one to be conducted. The reasons for ordering one are varied, but they most often occur when one or both parents petition the court for an evaluation. Other circumstances for a judge ordering such an evaluation are when they want greater insight into making a ruling on a parenting plan, a family court services mediator makes an official recommendation or when there have been allegations of abuse.

Types of Custody Evaluations

In California, an evaluation is either partial, focused, or full. Please note that each county has unique classifications and terminology for the nuanced components of a court-ordered assessment. It is encouraged you seek legal clarification should you have questions on this topic.

Full Custody Evaluation

A full custody evaluation is, well, it’s a lot like it sounds. It is a thorough evaluation to ascertain the best interests of a child. These evaluations will utilize comprehensive interviews of the people in a child’s life who may provide insights into the child’s functioning. Psychological testing is additionally used, as are home visits, meetings with the minor(s) in the presence of each parent, alone, in their home, and possibly in settings the child is unaware they are being ‘evaluated.’ Every intervention is meticulously chosen to find the answer to the most essential question: what is in the child’s best interests.

Partial Custody Evaluations

Sometimes referred to as Brief Focused Assessments, Mini-Evaluations, or Focused Issue Evaluations, partial custody evaluations have the same goal as any custody evaluation but a more focused or limited scope of investigation. These can sometimes occur when other factors are present, a “730 evaluation” (outlined in greater detail under California’s Evidence Code 730)

 

 

When a partial custody evaluation is ordered, the court expects the investigation to focus on specific issues or points of concern for which it would like greater clarity. A common reason for ordering a more limited, and yet focused,  custody evaluation, for example, may be if the court has concerns  about the child’s parents ability to maintain or further the best interests 

https://www.apa.org/practice/guidelines/child-custody

In California, child custody evaluations ordered by the court can generally be categorized as either full evaluations or partial/focused evaluations, with the latter sometimes referred to as mini-evaluations or focused-issue evaluations. Additionally, a 730 evaluation, as defined by California Evidence Code §730, is a specific type of evaluation often ordered when there are complex issues or concerns regarding a child’s well-being. 

  1. Partial/Focused Evaluation:
  • These evaluations are more limited in scope than full evaluations and may focus on specific issues or concerns raised in the case. 
  • For example, a focused-issue evaluation might examine only one parent’s ability to care for the child or assess the impact of a potential move-away on the child. 
  • They can involve brief interviews, home visits, and simple psychological tests, depending on the nature of the issue. 
  1. 730 Evaluation (Evidence Code §730):
  • This evaluation is ordered when the court needs the expertise of a mental health professional to assess the family dynamics and make recommendations. 
  • It can be used in cases involving complex issues like domestic violence, substance abuse, mental health concerns, or when one parent wants to relocate with the child. 
  • A 730 evaluation may involve psychological testing and assessments, in addition to interviews and observations. 
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