What to Expect During a Child Custody Evaluation
Are you facing a divorce in Michigan? If you and your partner have a child in common, the court will need to enter custody orders. The evidence in these proceedings can be conflicting, making it difficult for the court to decide what is in the child’s best interests. In these circumstances, the court may order a child custody evaluation.
These evaluations are usually completed by a social worker or psychologist from the Friend of the Court (FOC) office. They are then submitted to the court for consideration, along with other relevant evidence.
Because these evaluations can carry significant weight with the court, knowing what to expect and how to respond to them can be critical in your family law case.
How Child Custody Evaluations Take Place
The person who conducts your evaluation is meant to be a neutral party whose sole interest is in presenting unbiased recommendations to the court. Therefore, one of the most important steps you can take during the evaluation is to remain professional and polite with the worker.
Evaluations generally include certain key elements.
Interviews With Each Parent
First, the worker may sit down and interview you and your partner. These interviews often take place separately so that each parent can respond independently. The evaluator may want to know:
- Who usually provides care for the child
- What kind of relationship the child has with the parents
- Who the primary income earner in the family is
- Whether either parent has any physical or mental limitations that can impair their ability to provide for the child
- Whether either party been abusive to the other or the child
During this interview, you should be professional and honest with the evaluator. Any false or evasive answers can impact the court’s custody decisions and adversely affect your parental rights.
Interview With the Child
Depending on your child’s age and maturity, the evaluator may interview the child separately. The evaluator might ask the child about any concerns they have about you or the other parent and their custody preferences. Your child might also be asked who cares for them and how strong their bond is with each parent.
You should not try to coach your child in what to say to the evaluator. The evaluator can report any signs that you coached your child to the court, which can work against you when it comes time for the court to enter its custody orders.
Documentation Review
The evaluator might also request records to review to verify the answers you gave in your interview. For example, you can be asked to provide school or medical records. Failing to turn these over to the evaluator without a valid reason can also negatively impact you when the court enters its custody orders.
A Seasoned Michigan Custody Lawyer Can Help
If you are divorcing in Michigan, retaining an experienced child custody lawyer from Gucciardo Family Law is crucial in addressing any custody issues in your case. Your lawyer can help prepare you for a custody evaluation and advise you on how to respond to difficult questions or requests.
Our attorneys are committed to protecting your parental rights at all stages of your custody or divorce hearing. Contact Gucciardo Family Law to get started today.
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