When making decisions about physical child custody, family courts must determine whether a given home environment serves the best interests of the child. To facilitate this, courts might appoint a child custody evaluator. Evaluators assess a parent’s home environment and report their findings to the court, which uses them to decide on child custody matters. As such, it’s crucial that parents understand the role of evaluators and how they can impact child custody outcomes.
What Are Child Custody Evaluations?
A child custody evaluation is an investigation courts conduct when there are concerns about the suitability of a parent’s home life. Courts appoint an expert evaluator who assesses a parent’s home environment and parenting dynamic. The point is to create an objective and unbiased account of a parenting environment to guide custody decisions.
Typically, evaluations consist of a series of sit-ins and question sessions. Evaluators might observe the parents’ conduct with their child and gather evidence about their parenting style and activities. The evaluator might also separately interview parents, children, and any other parties that can shed light on parental suitability and home environment. Evaluators may also examine a child’s medical and educational records and assess their social life.
Who Performs Child Custody Evaluations?
Michigan’s Child Custody Act gives courts the right to appoint evaluators to fill reports and make recommendations regarding placement. Child custody evaluators are experts—typically social workers or psychologists—who are trained to assess home environments and their impact on child development. Evaluators compile their findings into a report that they present to the court. These findings and opinions are not legally binding but are recommendations that the court considers along with other relevant evidence.
Are Child Custody Evaluations Mandatory in Custody Disputes?
Child custody evaluations are not mandatory in all custody cases in Michigan. They are typically only reserved for instances where the court or one parent has serious concerns about the other’s parental fitness. Circumstances that could warrant a child custody evaluation may include criminal activity, domestic violence, sexual assault, substance use problems, or financial difficulties.
If a court issues an order for an evaluation, however, then yes, it is mandatory. Refusing to undergo a court-ordered evaluation can incur legal penalties, including custody revocation, fines, and contempt of court charges.
Preparing for a Child Custody Evaluation
Many parents expect evaluations to be a hostile encounter, but evaluators are just trying to determine what arrangement is in the child’s interest. Below are some tips to help prepare for a custody evaluation:
- Show up on time to evaluations and dress neatly.
- Remain polite and don’t become agitated or combative.
- Gather documents related to the child’s life, such as school and medical records.
- Refrain from speaking poorly about the other parent, their character, or parenting style.
- Practice responses to potential interview questions beforehand.
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It’s also important not to coach children on what to say to evaluators. Instead, encourage them to be honest and reassure them that the evaluator is trying to figure out what’s best for everyone.
Contact a Family Law Attorney in Michigan Today
A child custody evaluation can make a massive difference in custody decisions, so preparation is key. The Smith Law Offices, P.C., has extensive experience with child custody cases and can help you prepare for an evaluation and other custody concerns. Whether you are currently in a custody dispute or seeking to modify an existing order, we have the skills to assist. Contact our attorneys online or call us today to set up a free case consultation with a Michigan family law attorney.
