Child Custody Evaluation FAQ's by Dr. Mary Connell, Ed.D.
Our publication and use of this article should not be construed to imply endorsement or support of the SPARC site by the author, Dr. Mary Connell. Dr. Connell was gracious enough to allow us to reproduce her writing in the hope that it can be of benefit of both children and parents.
Will my insurance cover part of the cost of the evaluations?
Health insurance rarely covers any part of the cost of court related work.
If there is a medically related issue, some part of the cost might be covered,
but it is safe to assume that most of the cost will not be covered.
An evaluator has said that I must pay for the assessment in advance. Is
that standard, and if so, why?
Usually it is necessary to provide funds in advance of appointments,
because the evaluator attempts to avoid being vulnerable to allegations of
bias. It is helpful, in assuring both parties of objectivity, to be free to
render one's opinion or recommendation without fear of difficulty collecting
fees.
I think my child's other parent has psychological problems. Will the
court ask for a psychological evaluation?
Sometimes an evaluation of one party is ordered, when the other party
requests it or when the court sees that it might be useful, but a custody
evaluation normally involves the evaluation of all parties to the matter,
including parents, children, and any other significant figures.
I believe a custody evaluation would help the judge make a good
decision regarding our family. Should I begin by finding a forensic
psychologist to do an assessment of my children and me, or should I wait for
the court to order it?
Clearly there are advantages to each approach. The privately obtained
expert opinion may be useful in court, and each party may obtain an evaluation
and then offer the results, by way of calling the evaluator as a witness. One
advantage is that one can research the experts in the geographic area or, if
resources permit, locate a nationally known expert so as to be reasonably sure
of the level of expertise of the expert. A second advantage is that if the
evaluation is unfavorable, a second one can be sought. On the other hand,
seeking court appointment of an expert evaluator assures that:
The court may be expected to listen to the expert with receptivity to
the opinion, so that the time and money will not have been wasted
The expert will have had the opportunity to see all parties to the suit,
a prerequisite for making responsible custody or visitation recommendations
A court appointed expert will likely have access to a broad range of
information from each side, so that a more thorough assessment may be
accomplished
If my expert testifies on my behalf and my child's other parent also
presents expert testimony affirming good parenting skills, how will the court
know whom to believe?
In fact, both experts may be correct, in that both of you may have a great
deal to offer your child(ren). Your point is well taken, however, in that if
the testimony of the two experts is contradictory, the judge may then find it
necessary to appoint a third expert to evaluate both parties, a further
expense of time, money, and energy. This is one good reason to seek court
appointment of one expert at the outset.
Will the evaluator be able to see through my child's other parent's
presentation? This person is very good at charming people, at least on first
blush.
A competent assessment will include skilled clinical interview and
history-taking, objective measures of personality and parenting
characteristics, and some "collateral checking." That is, the evaluator will
likely review previous treatment records, talk with some people in the
community who know of the issues first hand and who can comment on your
parenting skills, and finally, observe each of you in interaction with the
child(ren). By interviewing each member of the family several times,
attempting to clarify apparent contradictions in the data, and exercising good
clinical judgment, it is generally possible for the evaluator to arrive at a
fairly clear impression of the family dynamics, the needs and wishes of the
children, and the strengths and weaknesses of each parent in meeting the needs
of the children.
If I lose custody as a result of the evaluation, will I be able to try
to correct my shortcomings and then get reevaluated, to try to regain
custody?
Generally one parent does not win and the other parent lose custody.
Rather, each parent's role with the children may be outlined, and one may as a
result get to spend more time or less time with the children. Rarely is the
decision of the court based wholly upon the custody evaluation. Instead, the
court may consider the custody evaluation along with a social study of the
parties, testimony presented by each party, and other factors, including the
law in the state in which you live. Finally, if the results of the evaluation
are not positive, there will surely be some recommendations for intervention,
so that you may have some direction about how to work toward positive change.
Your attorney can advise you about seeking reevaluation.
Should I try to put my best foot forward when I meet with the custody
evaluator, or is it best to be open and forthcoming, assuming the evaluator is
going to hear about my faults from my child's other parent or from my child
directly?
It is by far preferable to be open, honest, and direct. The evaluator knows
that no one is perfect, and it is expected that you might be somewhat
defensive and might tend to gloss over or attempt to minimize shortcomings.
However, the evaluator will be positively impressed by openness, a willingness
to look at yourself squarely and honestly, and an acknowledgment of errors in
judgment you have made. Such openness and acceptance of responsibility for
your part in the dissolution of your marriage suggests fair-mindedness,
balance in your perceptions, and emotional maturity. You should try to be the
first to tell the evaluator of these shortcomings, and then explain how you
want to improve your functioning and what you are doing to accomplish these
changes.
What should I tell my children before the evaluator interviews them?
Will the evaluator upset them? Will they have to state their preference
regarding where to live?
Generally it is good to tell the children very little about what to
say--urge them to be open and honest. Do not promise them that their talk with
the evaluator will be kept confidential, as it likely will not. The evaluator
may talk with you about the interviews before they occur, and give you
direction about how to prepare the child. Most evaluators make a great effort
not to distress the child and not to place the child in the position of having
to state a preference or tell anything about either parent which might be
negative. Rather, the child will be interviewed about general issues such as
school, friends, activities and interests, and about family constellation.
In the course of the interview, the issue of the separation will arise. The
child will tell a great deal about how the separation is affecting him or her,
how the situation might be improved, and so forth, in the course of this
discussion, and you should trust that the child will do this best without your
help. When a child is coached or over-prepared, it is rather obvious that this
has occurred and it is not considered a positive action on the part of the
parent. Do not instruct the child to say certain things or to not say certain
things. Do not indicate that the evaluator is your friend, nor that the
evaluator might take the child away from you. Remain matter-of-fact, neutral,
and brief in what you do say. Something like, "This woman/man is going to help
us make the best arrangement for how you will spend time with both your [other
parent] and me."
Why would the evaluator give intelligence and achievement tests to my
children? Wouldn't personality and behavioral assessment be more relevant?
Actually, a full assessment should include intelligence and achievement
testing in order to determine your children's raw potential, their actual
performance, and whether they are hampered by emotional distress in their
school work or whether learning difficulties need special attention. If your
children perform well in school, this may be the result of good support for
education at home and good parenting in general, or it could reflect
over-achievement because of excessively high expectations for a child of
average or low average raw intellectual ability, at great cost to the
children. Full assessment helps the evaluator make an accurate assessment of
the child's needs and how best to meet them.
Why does the custody evaluation cost so much?
The cost of the evaluation should be based upon the hourly fee of the
evaluator and the hours spent completing it. At an hourly fee of $150 to $200
per hour, the usual fee for doctoral level psychologists, the evaluation may
be expected to cost from $750 to $1500 per person, if the following activities
are included:
Two or three interviews
Scoring and interpretation of several standardized personality and
parenting measures
Reading background information
Telephone consultation with attorneys, social workers, collateral
sources of information
Observation of interaction between parent and child
Report preparation
Court testimony may or may not be required, since the written reports of
the evaluations may lead to agreement between the parties. If it is required,
the cost per hour may be greater because of the disruption in the practice
operation. You will likely be asked to provide retainer funds, and the time
billed will likely be portal to portal and may also include review time, since
the case material must be reviewed in order for the evaluator to testify
competently.
This is indeed expensive, but the issues are critically important and the
court will be able to make better decisions for your family if there is data
upon which the decisions can be based. Nevertheless, if you and the child's
other parent can work out suitable arrangements on your own for sharing the
responsibility of rearing your children, this would no doubt be a considerable
savings and might well result in less stress and conflict, and even likely in
better decisions.