When parents strongly disagree about child custody or visitation, the family court may need more information than the parents can provide through competing declarations. In a contested California child custody case, the court has authority to appoint an evaluator to conduct a child custody evaluation when the court determines that an evaluation is in the child’s best interests. The evaluation can provide the court with additional information concerning the custody issues it must decide.

A Custody Evaluator Examines Issues Relevant to the Child

A child custody evaluation is different from ordinary custody mediation.

The evaluator’s role is to investigate circumstances relevant to the child custody or visitation dispute and provide information that can assist the family court.

The precise scope depends on the court’s order and the issues requiring evaluation.

Because custody disputes can involve competing descriptions of the same family circumstances, an evaluation may give the court a more structured source of information concerning issues relevant to the child’s welfare.

An evaluation should not be understood as allowing the evaluator to replace the judge. The family court remains responsible for making the custody decision.

Likewise, the evaluator’s involvement does not turn the proceeding into a simple determination of which parent the evaluator prefers. California custody decisions remain governed by the applicable best-interest standards and any additional legal rules relevant to the case.

The Evaluator May Prepare a Confidential Written Report

If directed by the family court, a custody evaluator must prepare a confidential written evaluation report.

That report is provided through the procedures governing custody evaluations and may be considered by the court.

The report must be filed and served on the parties or their attorneys, as well as any attorney representing the child, at least 10 days before the child custody hearing.

The confidential nature of the report is important. A custody evaluation can contain sensitive information about parents and children, and California law restricts disclosure of these reports.

The report may contain information and conclusions relevant to the custody issues the evaluator was directed to examine.

How the report is ultimately received and used as evidence can depend on the applicable procedures. The fact that an evaluator prepared a report does not eliminate evidentiary rules or the parties’ rights to address the information being presented to the court.

An Evaluation Is Not Automatically Required in Every Custody Dispute

A parent should not assume that filing a contested custody request automatically creates a right to a custody evaluation.

California family courts have authority to appoint an evaluator when the court determines that doing so is in the child’s best interests.

Whether an evaluation is warranted can therefore depend on the nature of the custody dispute and the information needed by the court.

This distinction can be especially important in modification and move-away proceedings. In certain relocation cases, a court may require the parent seeking a change of custody to make an initial factual showing supporting the requested relief before ordering a custody evaluation.

The court may determine that the existing information is sufficient to resolve a particular issue without the expense and additional proceedings associated with a formal evaluation.

When an evaluation is ordered, however, the resulting process becomes an important part of the custody litigation and should be treated accordingly.

Custody Evaluations Provide Information Rather Than the Final Decision

A California child custody evaluation can help the family court investigate disputed custody and visitation issues when additional information is needed to evaluate the child’s best interests. The evaluator may prepare a confidential report for consideration by the court, but the evaluator does not replace the judge or independently determine custody. The family court ultimately decides what orders should be entered based on the applicable law and evidence.