Some California custody disputes involve issues that require more investigation than the court can obtain from declarations and a short hearing. In those cases, a child custody evaluation may be ordered.

A custody evaluator acts as a neutral assessor rather than as a therapist or advocate for either parent. The evaluation may involve interviews, observations, records, and information from other people before the evaluator prepares findings or recommendations for the court.

What Can the Evaluation Include?

The exact process depends on the issues being evaluated and whether the court orders a full or partial evaluation.

Parents may be interviewed about the children, the parenting arrangement, their concerns, and the custody proposals they believe would serve the children’s needs.

The evaluator may also observe interactions between a parent and child. A home visit should generally reflect ordinary family life rather than a rehearsed presentation created specifically for the evaluator.

The source materials caution against “window dressing” a home visit because the evaluation extends beyond a single observation and artificial behavior may become apparent during later interviews and interactions.

Can the Evaluator Speak With the Children?

Yes. The evaluator should conduct age-appropriate interviews and observations of the children.

Depending on the circumstances, a child may be interviewed individually, with siblings, and while interacting with each parent.

The child may be allowed to express a preference regarding custody and parenting time but is not required to do so. The evaluator must also explain, in an age-appropriate manner, the limits on confidentiality and the possibility that information provided by the child may be shared with the court and the parties.

Parents should avoid coaching children about what to tell the evaluator. The evaluation is intended to assess the family’s actual circumstances rather than a prepared version of them.

Is the Evaluation Confidential?

Parents should not assume their communications with the evaluator are confidential in the way communications with a therapist might be.

The source materials specifically warn that information discussed with or shown to the evaluator may appear in the evaluation report or later testimony. People interviewed during the evaluation may also potentially be deposed or subpoenaed for trial.

A parent should therefore understand the evaluator’s neutral role from the beginning.

The evaluator is assessing the custody issues for purposes of the court process—not providing private counseling to either parent.

The Evaluation May Become Important Evidence

A custody evaluation can involve substantially more than a single interview.

Depending on the case, the evaluator may consider information from the parents, children, collateral contacts, records, observations, and other relevant sources. The evaluator may even visit a school, daycare, or proposed new community when those observations relate to the issues being evaluated.

Because the resulting evaluation may influence important custody decisions, parents should approach the process with realistic expectations, accurate information, and a focus on the children’s actual needs rather than trying to predict or manufacture a particular result.