CHILD CUSTODY EVALUATIONS
Texas Custody Evaluations
In a child custody evaluation, a judge orders a counselor, therapist, licensed social worker, psychologist or psychiatrist to investigate specific issues in a case.
After investigating, the evaluator compiles a report reviewing each party's strengths and weaknesses as a parent. The report may also provide recommendations to the court, if the judge requested them.
“The child custody evaluation process involves the compilation of information and the formulation of opinions pertaining to the custody or parenting of a child and the dissemination of that information and those opinions to the court, to the litigants, and to the litigants’ attorneys.”
From "Model Standards of Practice" of the Association of Family and Conciliation Courts (2004).
Overview
When conducting a custody evaluation, the goal is to assess the ways in which each parent contributes to the physical, emotional and social development of the children. Dr. Myers’ role in conducting a child custody evaluation involves neutrality and transparency. She will strive to serve impartially. The ultimate goal is to make recommendations to the court for how best to meet the needs and interests of the children involved.
Court Appointments
Child custody evaluations are done by court appointment only. This means that both of the parties and/or attorneys agree to the appointment before submitting an order to the court. Dr. Myers will need to be named in the appointment order.
The Evaluation Process
Regardless of the questions posed by the court, Dr. Myers must use the tools required by the Texas Family Code:
- Interviews with everyone named in the suit, including any children over 4 years old
- Observation of the children with each parent (sometimes done at the parent's home)
- Review of school records, medical records, criminal records and other relevant documents
If necessary, psychometric tests or mental exams may also be given by a qualified professional. Dr. Myers may also interview other people with knowledge of the family, including babysitters, dentists and doctors.
Evaluator's Report
Once Dr. Myers has finished assessing a family's situation, she will compile the findings into a report for the court. The report might also provide recommendations as to how the court should rule.
Dr. Myers will notify the court when the report is complete, and share her findings with the attorneys in the case. Often times, parents agree to settle their differences after reviewing the evaluator's report; consequently the case never goes to trial.
If the case does proceed to trial, the judge or jury will not see the report until a party enters it as evidence. The report then becomes one of the factors the judge (and jury, if applicable) considers when deciding the case.
Time and Costs
Evaluations typically take three to nine months. Complex cases can take over a year, as the evaluator may have to acquire information from scores of sources.
Dr. Myers may charge a flat rate, hourly fee, or combination of the two. Parents usually split the costs evenly, though sometimes one party can be ordered to pay the entire fee. Total costs average between $2,000 to $3,500, depending on complexity.