Some child custody disputes involve issues that cannot be fully addressed through the parents’ declarations or ordinary custody mediation. When a custody or visitation proceeding is contested, the California family court may appoint a child custody evaluator if the court determines that an evaluation would be in the child’s best interests.

The evaluator generally serves as an independent, neutral professional who gathers information and evaluates issues relevant to the custody dispute.

When Can the Court Order a Custody Evaluation?

A court may appoint a child custody evaluator in a contested proceeding involving custody or visitation.

The evaluation is different from ordinary court-connected custody mediation. Rather than primarily attempting to help the parents reach an agreement, an evaluator investigates the circumstances relevant to the custody issues identified by the court.

The scope can depend on the particular case and the court’s appointment order.

Because evaluations can require significant time and expense, they are not automatically ordered simply because parents disagree about a parenting schedule.

What Does the Evaluator Do?

A custody evaluator may gather information from the parents, children, and other appropriate sources as part of the evaluation.

Depending on the scope of the appointment, the evaluator may interview family members, review records, contact appropriate references, and consider other information relevant to the custody dispute.

The source materials specifically discuss potential references such as people familiar with the child or family. Parents should avoid attempting to improperly influence potential references before they speak with the evaluator.

The evaluator must comply with California’s standards governing custody evaluations and applicable training requirements.

Does the Evaluator Decide Custody?

No.

The evaluator may prepare a written confidential report for the court when directed to do so. The report can provide information and recommendations concerning the custody dispute.

However, the evaluator does not replace the judge.

The family court remains responsible for making the actual custody and visitation orders. The source materials specifically recognize that a court can make its own custody determination rather than simply adopting an evaluator’s recommendation.

The evaluation is therefore one source of information the court may consider—not a transfer of the court’s decision-making authority to the evaluator.

Custody Evaluation Reports Are Confidential

California places significant restrictions on disclosure of child custody evaluation reports.

The reports may generally be disclosed only to specified individuals involved in the proceeding or to another person when the court orders disclosure for good cause. Unwarranted disclosure can result in monetary sanctions.

Parents involved in an evaluation should therefore treat the process and resulting report carefully.

A custody evaluation can become an important part of a highly contested custody proceeding, but its purpose is to provide the court with professionally gathered information concerning the child’s circumstances while leaving the final custody decision with the judge.