What to know about New York child custody evaluations

On Behalf of | Jul 12, 2024 | Child Custody & Parenting Time

A lot of custody cases devolve into parents attacking each other’s parenting abilities with little or contradictory evidence. This can leave a judge in a difficult position, not knowing which side to trust and what kind of custody order to issue. That’s why the court, on its own, may order a child custody evaluation. This is also something that any of the parties can request.

But what is a child custody evaluation? Let’s take a closer look.

What is a child custody evaluation?

A child custody evaluation is a comprehensive analysis of each parent’s parenting abilities, the child’s bond with each parent, the child’s needs and how they’re met by each parent, and the family’s overall dynamics and structure. The evaluation is typically conducted by a psychologist, therapist, or social worker, who will observe parenting time, interview the child and each parent, talk to collateral sources of information, review relevant documentation, and maybe even conduct psychological testing. All of this culminates in a written report that’s submitted to the court along with a custody recommendation.

How to address a child custody evaluation in your case

If the custody evaluation comes back favorable to you, then you’re in good shape since the court typically gives these evaluations a lot of weight. If, on the other hand, the evaluation isn’t favorable to you, don’t give up. You might be able to highlight evidence that the evaluator missed, or you could demonstrate that the evaluator, who is supposed to be neutral, acted in a biased fashion.

At the end of the day, you need to tailor your legal arguments to address your child’s best interests. While that may include addressing a child custody evaluation, that’s only one piece of your case.