Home / Child Custody / Investigations, Evaluations, and Reports

Child Custody Investigations, Evaluations, and Reports in San Diego, CA

Child custody decisions have the potential to affect the relationship you share with your child for the rest of your lives. In some cases, investigations, evaluations, and reports may be conducted to provide the court with more information to make an informed decision regarding child custody.

This article will explain the purpose, process, and key components of child custody investigations, evaluations, and reports within the San Diego, CA, legal context and how courts use this information to decide the best interests of the child.

Table of Contents

What Are Child Custody Evaluations?

California law allows for the appointment of an independent neutral evaluator to investigate and gather additional information to provide to the court in child custody cases.

Child custody evaluations can take various forms, including:

Evaluations that occur when there are concerns regarding child custody or visitation, and what would be in the child’s best interests
Evaluations that investigate whether sexual abuse has occurred
Evaluations when particular expertise is needed, such as when psychological testing and assessment are required

Depending on the type of investigation, a child custody evaluation may include home visits, meetings with parents and children, consultations with child welfare services and law enforcement, and collaboration with psychologists. After the evaluator completes the evaluation, they provide a written report to the court that may include recommendations for child custody and visitation.

Who Are Child Custody Evaluators?

Child custody evaluators work for the court. They do not represent either party. They may include probation officers, domestic relations investigators, or court-appointed evaluators. Some are licensed psychologists.

The evaluator must meet the education, experience, and training requirements outlined by law and complete a domestic violence and child abuse training program. The parents can agree on a person to serve as their evaluator from the court’s resource list.

When Are Child Custody Evaluators Appointed?

California law allows the court to appoint a child custody evaluator in any contested proceeding involving child custody or visitation rights when it determines this is in the child’s best interests. The evaluation must be conducted under the rules and standards adopted by the Judicial Council for child custody evaluations.

If the court requires it, the evaluator files a written confidential report at least ten days before any hearing in the case related to child custody. The court can consider this report in conjunction with other evidence and information when making child custody decisions.

The child custody evaluator can be appointed because one of the parties requests the appointment, the parties stipulate to the appointment, or upon the court’s own motion.

What Is Considered?

When the child custody investigator completes their appointment, they can consider anything they are ordered to evaluate. The parents may agree on the scope of the evaluation, such as which custody arrangement would be in the child’s best interests or whether a parent should be allowed to relocate with the child. Alternatively, the court could order a specific scope for the evaluation.

The evaluator will typically talk to the parents separately. They may also speak to the child individually or with one or both parents.

Child Custody Evaluation Reports

Reports that child custody evaluators prepare are confidential. They are provided to the parties at least ten days prior to a hearing in the matter, allowing them to review them. If a party discloses any information from the confidential report, they may face penalties. The parties can agree that the report be admitted into evidence, or one of the parties can call the evaluator to testify at the hearing.

Importantly, the child custody evaluation report is only one piece of evidence the court can consider. If a parent disagrees with the evaluator’s opinion, they can present their evidence to challenge the evaluator’s opinion.

Payment for Child Custody Evaluators

The parties can agree on who pays for child custody evaluators, or the court can order one or both parents to pay for this expense. The court can investigate each parent’s financial condition to determine who is financially capable of paying for the evaluation.

It may hold a hearing specific to this purpose. Before the hearing, each parent must complete an income and expense declaration. The court notifies the parents before the evaluator begins their evaluation who should pay for their services and the cost.

Contact San Diego Divorce Lawyers APC for a Complimentary Case Evaluation With a San Diego Child Custody Lawyer Today

When a child custody evaluation is involved in your case, it’s crucial to have the help of an experienced attorney. Attorneys can help construct stipulations regarding the role of the evaluator and how reports will be entered into evidence. They can have contact with the evaluator throughout the process, provide guidance throughout the process, and answer any questions you may have.

An experienced family law attorney from San Diego Divorce Lawyers, APC, can explain and assist with child custody investigations, evaluations, and reports.