Sometimes you just can't reach an agreement on custody. You try and you try but it just doesn't happen. You attend mediation but it fails. You and your lawyers send letters back and forth trying to negotiate but it doesn't work. Do you have any options short of a trial? Yes, you do. It's called a custody evaluation. This is the last step before you put on a full custody trial in front of a judge and let him/her decide the custodial and parenting time fate of you and your children.
A custody evaluation begins with the appointment by the court of a psychologist to interview you, your spouse/the other parent, the child/ren, other family members and other pertinent individuals in your life and review any documents, medical and school records and the like. When the research, interviewing and investigating is done this psychologist drafts a written report making recommendations supported by his/her findings as to what the custody and parenting time arrangement should be.
This evaluation is not binding but it is admissible in court if there is still a custody trial after the evaluation is provided. These evaluations hold a lot of clout with the court, as the psychologist is considered to be a better judge of the situation than the judge. They are not irrefutable but it is not an easy task to convince a court to veer away from the evaluations findings and recommendations. For this reason, it is generally advisable to settle custody after an evaluation is done. If you don't like some of the recommendations you need to do your best to negotiate away from and around them as best you can.
Custody evaluations are often a beneficial and useful solution to custody deadlock. However, they are not always a very cheap option. In a traditional custody the psychologist takes a sizable retainer and then bills his time spent on the investigation and preparation of the evaluation at his normal hourly rate, similar to attorneys. Depending on how contested things are and how deep you want the psychologist to dig the cost can end up upwards of $5,000 and even $10,000. Thus, while a beneficial tool they may be cost prohibitive.
Some jurisdictions offer limited custody evaluations, where each party pays a preset amount to the psychologist who then does what he can in a limited, predetermined amount of time. It's an abbreviated process when it's limited but when money is tight it's better than nothing. The unfortunate thing is that the availability of this option is dwindling.
To get a custody evaluation started you need to file a motion, have a hearing and get a signed order from the court including the appointment of a particular psychologist. Alternatively, if you and your spouse know you want to do this and know who you want to complete the evaluation you can do a prepared written stipulation asking the judge to sign a matching order.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
