How to Prepare for a Child Custody Evaluation
July 12, 2024
A child custody evaluation is an assessment conducted by a mental health professional or a court-appointed evaluator to provide the court with an objective, unbiased report on the child's best interests. This report helps the judge make informed decisions about custody arrangements.
The evaluator will typically interview the parents, the child, and sometimes other important figures in the child's life, such as teachers or relatives. They may also observe interactions between the parents and the child to gain a comprehensive understanding of the family dynamics.
As an attorney who has been practicing since 1991, I'm going to explain everything you need to know about child custody evaluations. You will learn what they are, why they happen, and, most importantly, how to prepare yourself and your family. Let's begin.
Why Are Child Custody Evaluations Important?
Child custody evaluations play an important role in determining the best living arrangements for your child. They ensure that the child's emotional, psychological, and physical needs are met. They help the court understand the dynamics between the child and each parent, before determining custody and visitation rights.
These evaluations offer an in-depth perspective that goes beyond the surface level, delving into the underlying factors that affect the child's well-being. They can also identify potential concerns or risks, such as substance abuse or domestic violence, that might affect the child's safety and stability.
Understanding the Evaluation Process
The evaluation process includes several components. These may vary depending on the evaluator and the specifics of your case.
Interviews: The evaluator will interview both parents, the child, and sometimes other family members or significant individuals in the child's life.
Home visits: The evaluator may visit each parent's home to observe the living conditions and interactions with the child.
Psychological testing: In some cases, the evaluator may administer psychological tests to assess the mental health and parenting abilities of each parent.
Document review: The evaluator may review medical records, school reports, previous court documents, etc., to gain insight into the child's well-being and the family situation.
Collateral contacts: The evaluator might speak with third parties who have relevant information about the child and family. This might include teachers, doctors, therapists, or other caregivers who can provide additional context and details.
Observation sessions: Structured observation sessions may be conducted at neutral locations such as the evaluator’s office. These sessions allow the evaluator to observe parent-child interactions in a controlled environment, adding another layer of understanding to the family dynamics.
Gathering Necessary Documentation
You must gather all relevant documentation before the evaluation begins. This includes:
Medical records: Provide copies of your child's medical records, including any treatments or therapies they have received.
School records: Provide your child's school records, report cards, and any assessments from teachers or counselors.
Legal documents: Include copies of existing custody orders, restraining orders, or other legal documents related to your case.
Financial records: Provide financial documents such as income statements, tax returns, and expense reports to demonstrate your ability to provide for the child's needs.
Communication logs: Collect emails, text messages, or any other forms of communication between you and the other parent that are relevant to custody or the child's well-being. This can provide context regarding disputes or agreements.
Character references: Obtain written statements from individuals who can attest to your parenting abilities and character. These can include letters from friends, neighbors, colleagues, or community members who know you and your child well.
How to Prepare for a Child Custody Evaluation
One of the most important things you can do during a child custody evaluation is to be honest and transparent. Trying to present yourself in a better light by bending the truth will only harm your case. Evaluators are trained to detect inconsistencies, and dishonesty can negatively impact their recommendations.
Showcasing your parenting skills is essential during the evaluation. Make sure to highlight your involvement in your child's life, including:
Daily routines: Discuss your child's daily routines, such as mealtimes, bedtime rituals, and homework schedules.
Activities: Talk about the activities you do together, such as sports, hobbies, and educational outings.
Support systems: Mention any support systems you have in place, such as extended family, friends, or community resources.
You should prepare your child for the evaluation without causing unnecessary stress or anxiety. Explain the process in an age-appropriate manner and reassure them that the evaluator is there to help. Encourage your child to be honest and open during their interviews.
Your attitude during the evaluation can significantly impact the outcome. Stay positive, cooperative, and respectful throughout the process. Avoid speaking negatively about the other parent, as this can reflect poorly on you.
Keeping organized is key to preparing for a child custody evaluation. Create a folder or binder with all necessary documents, notes, and contact information. This will help you stay on top of everything and reduce stress.
Seek legal advice from an experienced attorney to get the guidance and support you need. They can help you understand your rights, prepare for the evaluation, and address your concerns.
Child Custody Laws in Kansas
In Kansas, child custody laws focus on the best interests of the child. The court considers several factors, including:
Parental responsibilities: Both parents' willingness to assume parental responsibilities.
Child's adjustment: The child’s adjustment to home, school, and community.
Parental health: The physical and mental health of all individuals involved.
Child’s preference: Depending on the child’s age and maturity, the court may consider the child’s preference.
The court also considers the nature of the child's relationship with each parent, including the emotional bond and amount of time each parent has historically spent with the child.
Any history of domestic violence, abuse, or neglect is closely scrutinized, as the safety and well-being of the child are at stake.
Kansas law aims to keep children's lives stable and consistent. It prefers custody arrangements that minimize disruptions to the child's established routines and environment.
The court also considers each parent's ability to encourage a positive relationship between the child and the other parent, promoting co-parenting and communication.
Consult a Family Law Attorney in Overland Park, Kansas
Every child custody case is unique, and what happened to others may not necessarily happen in your case. It's best to consult with a knowledgeable and experienced lawyer who can provide you with realistic expectations.
At Rundberg Law, LLC, I will guide you through child custody evaluations and offer personalized legal advice tailored to your situation. If you have any questions or need legal assistance, reach out. Take the first step towards securing a positive outcome for your family.
Rundberg Law, LLC is located in Overland, Kansas, and I also serve clients in Johnson County.