Custody Evaluation

Over the past 40 years of practicing family law, one of the biggest changes has been the decline of court-provided family services in Minnesota. Once a valuable resource for families unable to agree on parenting arrangements, these services have largely disappeared due to budget cuts and shifting priorities.

Today, custody evaluations are almost exclusively conducted outside of the court system. While the need for thorough, child-focused evaluations remains essential, affordability has become a barrier for many families. My goal is to provide professional custody and parenting time evaluations at a reasonable cost and within a reasonable timeframe, recognizing the complexities of family dynamics and court schedules.

What is a Custody Evaluation?

A custody or parenting time evaluation is required when parents cannot agree on how to raise their children moving forward. Courts order evaluations after both parties agree on an evaluator. As a custody evaluator, my responsibility is to thoroughly investigate the circumstances of both parents and children and make recommendations based on Minnesota Statute 518.17, also known as the best interests of the child standards. These standards are child-focused and designed to ensure outcomes that prioritize the well-being of children.

How is a Custody Evaluator Chosen?

The parties select an evaluator with relevant experience, either as a family law attorney or as a professional with expertise in family systems, such as psychologists or social workers. Attorneys then contact the evaluator, agree on the terms, and submit a proposed order to the court. Once signed, the evaluation process begins.

What Happens During the Custody Evaluation Process?

As a custody evaluator, I begin by meeting with each parent for an intake session to collect background information and explain the process. Cooperation is essential, as both parties must provide requested information.

Custody evaluations are not confidential. Information obtained during the process is shared in the evaluator’s recommendations. In addition to multiple meetings with the parents, I contact collateral sources such as teachers, doctors, and other professionals who have worked with the family.

If age-appropriate, I meet with the children and observe their living environments in both parents’ homes. Each child is considered individually, since different children may have unique needs that must be addressed.

Following a comprehensive investigation and application of the best interests standards, I provide my findings in a written report.

At that point, my role as evaluator is complete unless I am subpoenaed to testify in court. The custody evaluation report represents a detailed snapshot in time of the family’s circumstances and recommendations for the children’s best interests.