When parents cannot resolve child custody disputes, the court may hold a trial and the judge will decide the issues. Before trial, the judge may require the family to participate in a child custody evaluation. A custody evaluation gives the parents and the judge information about the family so decisions can be made in the best interests of the children. Custody evaluations may also be used after a divorce is final if parenting disputes arise later.
A custody evaluation looks at the needs of the children and each parent’s ability to meet those needs. The evaluator focuses on the best-interests factors in Minnesota Statute 518.17. The evaluation may consider past events, current resources, future needs, and the strengths and challenges of each parent and the family as a whole.
The process usually includes several interviews with each parent and one or more home visits to observe the children, each parent, and the relationships within the household. The evaluator may also interview other people involved in the children’s lives, including stepparents or domestic partners.
It is important for the evaluator to collect information from several sources. The evaluator may ask for written consent to obtain school and health records, social service and police information, and other documents that help provide a complete understanding of the family. The evaluator may also speak with people who can offer helpful perspective on the issues. Both parents will complete a detailed questionnaire about themselves, their relationship with the children, and their relationship with the other parent.
Psychological testing may be required when information about a parent’s emotional or mental health would be helpful to the judge. A qualified psychologist conducts the evaluation, meets with each parent, and may use written assessments as part of the process.
After all information is collected, the evaluator meets with the parents’ attorneys and provides recommendations. At that time, the attorneys decide whether they want a written assessment report. The report is intended to give the judge a clear picture of the family, explain the evaluator’s recommendations, and provide information about how the children’s needs can best be addressed by the court.
