Experience Matters When Your Child’s Well Being is at Stake

If you have a child custody dispute and are facing child custody litigation, you may be feeling very scared.  How will the Judge know and understand what you and your children have been going through?  How will the Judge know who is telling the truth when you and the other parent don’t agree on what has been going on?  How will the Judge decide on the child custody arrangement?

Judges in California frequently rely upon the reports and recommendations of Child Custody Evaluators.  According to California Rule of Court 5.220(c)(3), “A ‘child custody evaluation’ is an expert investigation and analysis of the health, safety, welfare, and best interest of children with regard to disputed custody and visitation issues.”  Child Custody Evaluators are neutral mental health professionals with specialized training and experience who provide the Court with an assessment of the child’s needs and the family’s functioning.

If you have been to court, then you have seen that Judges do not have enough hours in the day to hear about every issue the families are facing.  Realizing that they need a professional who is knowledgeable about child custody disputes and can provide an in depth understanding of the situation, Judges order Child Custody Evaluations.  In California, this is also referred to as a 730 evaluation.  A Child Custody Evaluator interviews the children, parents and other family members, and also gathers information from additional sources, such as teachers, doctors or police.  Child Custody Evaluators may do psychological testing.  With the information they gather, Child Custody Evaluators write a 730 evaluation which provides an understanding of the family dynamics and the children’s needs.

The Los Angeles County Superior Court has a list of Child Custody Evaluators. In order to be on the list an evaluator may have conducted as few as five evaluations.

The role of a Child Custody Evaluator is different than that of a therapist. Although Custody Evaluators are professionally trained therapists, they cannot provide any therapy or advice while conducting the child custody evaluation.  Nonetheless, a compassionate understanding of the challenges that the parents and children are facing provides a better experience for the entire family.

A Child Custody Evaluation may also be requested by parents who are unable to work out a parenting plan and who want to consult with an expert to help them decide upon a child custody arrangement.  An evaluation can assist parents in understanding their children’s needs and preparing a plan.

“While we try to teach our children all about life, our children teach us what life is all about.”

Angela Schwindt